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REPORT 



OF THR JOINT COMMITTEE UPON THE 



BOUNDARY LINE 



BETWEEN THE STATES OP 



i:hode-island and Massachusetts; 



MADE TO THE LEGISLATURE OP RHODE-ISLAND, 



JANUARY SESSION, A D 1849. 



PRINTED 



)ER OP THE^ LEGISLATURE. 



RARY 




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PRO^imENCE: 

JOSEPH kn^wl\:s, printer. 




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The Joint Committee of both houses, to whom was referred 
the Resolutions of the General Court of Massachusetts, passed 
in April, 1848, making null and void an agreement signed by 
a majority of the Commissioners of that State, on the 28th day 
of April, 1847, establishing the line between Massachusetts and 
Rhode-Island, from the North-east corner of Rhode-Island at 
Burnt Swamp corner to the Atlantic Ocean, and authorizing 
his Excellency the Governor and Council to appoint Commis- 
sioners, to meet Commissioners on the part of this State, to 
settle and determine the line aforesaid, 

REPORT. 

The charter granted by Charles II. to Rhode-Island, in 1663, 
conveyed and confirmed to Rhode-Island the territory within 
the boundaries therein mentioned. These boundaries compre- 
hended within their limits a portion of territory claimed by the 
colony of New Plymouth, under their grant from the Council 
at Plymouth, in the county of Devon, England, in 1629. The 
conflict of jurisdiction thus raised caused considerable dispute 
between the neighboring settlements, which was kept up and 
continued to agitate the people of the respective colonies, until, 
for the peace and quiet of the colonies, a temporary decree was 
made by the king, based upon the report of a commission in- 
stituted in 1664. This decree of the king was, by its terms, 
temporary, and the bounds then designated were ordered to 
be observed, " until upon a full representation of all pretences, 
Jiis majesty shall make his own final determination ; and par- 
ticularly the present temporary bounds set by the commission- 
ers between the colonies of New Plymouth and Rhode-Island, 
imtil his majesty shall find cause to alter the same." 

Under this temporary decree the controversy rested until 
alter the New Plymouth colony was annexed to Massachu- 

i 






setts. The controversy arose anew between the colonies of 
Massachusetts and Rhode-Island. Commissioners were ap- 
pointed by the crown on the fourth day of September, 1740, 
upon the application of Rhode-Island, viz : Cadwallader Col- 
den, Abraham Van Horn, Philip Livingston, Archibald Ken- 
nedy and James De Lancy of the province of New- York, John 
Hamilton, John Wells, John Reading, Cornelius Yanhorn and 
William Provost of the province of New-Jersey, William 
Shane, William Shureff, Henry Cope, Erasmus James Phil- 
ips and Otho Hamilton of the province of Nova Scotia, or any 
five or more of them, to be commissioners for settling, adjust- 
ing and determining the boundaries of the colony of Rhode- 
Island, in America, eastwardly in dispute." 

The court was held under this commission in April, 1741. 
The claim of Massachusetts was presented and read to the 
court, as was also the claim of Rhode-Island, by the agents of 
the litigating parties. The hearing continued until the 30th 
of June, 1741, when the court rendered their judgment. In 
the judgment then rendered the commissioners say, " that the 
determination of the boundaries of the colonies of Rhode- 
Island and New Plymouth by the king's commissioners in the 
year 1664, appears to have been only a temporary order for 
preserving the peace on the borders of both colonies, without 
determining the rights of either. And they then decide that 
upon the whole, nothing appears whereby the colony of 
Rhode-Island and Providence Plantations can be barred or hin- 
dered from extending their jurisdiction eastward towards the 
province of Massachusetts Bay, according to the true intent 
and meaning of their charter." But alledging that some dis- 
pute had arisen as to the true construction and meaning there- 
of, the court proceed to define the boundaries of the territory, 
by them decided to be within the jurisdiction of Rhode-Island. 

From this judgment both colonies appealed to the king, 
Massachusetts appealing " from every part of it as grievous 
and injurious " to them, and Rhode-Island claiming that the 
true construction of her charter would extend her territory 
several miles further east and eastwardly than the extent of 
the boundaries awarded by the commissioners. 

Upon a slight glance at the political history of the two colo- 



nies, It would appear that as between the two colonies, there 
could hardly be room for a question, upon the well settled 
principles of law and equity, that the judgment of the com- 
missioners, that Rhode-Island '• could not be barred or hin- 
dered from extending their jurisdiction eastward towards the 
province of Massachusetts Bay, according to the true intent 
and meaning of their charter," was right. Plymouth colony 
was originally a settlement of pilgrims on the shore of Plym- 
outh under a voluntary compact of government entered into 
by forty persons on board of the May Flower in 1620. They 
acknowledged allegiance to the crown of Great Britain, and 
had no grant of title to the soil or of jurisdistion from the 
crown. In 1629, they received a conveyance from the Coun- 
cil of Plymouth in the county of Devon in England, of the 
territory therein described, together with all the rights, privi- 
leges, jurisdictions, &c. in as free, large, ample and benefical 
manner, &c. as the said council, by virtue of his majesty's let- 
ters patent may or can grant. This grant did not emanate 
from, and was never confirmed by the crown of England. It 
was the grant of a corporation. It could not avail against the 
act of the sovereign. The very power of Massachusetts to 
appear before the commissioners and litigate the old matter of 
controversy between New Plymouth and Rhode-Island proves 
this so to be understood as law at that time. The charter of 
Rhode-Island under which she appeared as a colony before the 
court bore date 1663 — that of Massachusetts bore date 1691. 
If, for the sake of argument, it be conceded that a part of the 
territory belonging to New Plymouth was granted to R. Island 
by the King's charter of 1663, it also appears in the history of 
the times that without the consent and much against the will 
of New Plymouth, the remainder of the territory was given to 
Massachusetts by the King's charter of 1691. Rhode-Island 
therefore possessed a title to the territory in dispute emanating 
tl-om the same source with that of Massachusetts to what re- 
mained of the original New Plymouth colony — a title of pre- 
cisely the same character and nearly thirty years older. It 
may also be remarked that in the charter of Massachusetts of 
1691, the western boundary of that colony is not defined like 
the patent of the New Plymouth settlers by the middle of 



6 

Narragansett river, but the terms used are " Westerly by our 
colonies of Connecticut and Rhode-Island and the Narragansett 
country" — plainly leaving this boundary of Massachusetts to 
be located by the limits described in the charter of Rhode- 
Island, which had existed as a grant from the Crown both of 
territory and jurisdiction, twenty-eight years prior to the date 
of the Massachusetts charter. 

But it is unnecessary to discuss the subject further. It 
would not now be thought necessary to allude to this long- 
forgotten controversy, had it not appeared from documents in 
possession of the committee that some portion of the people of 
Massachusetts even now entertain the opinion that that State 
has a claim to the territory, now composing six towns in 
Rhode-Island, which the award of the Commissioners trans- 
ferred from the assumed jurisdiction of Massachusetts to the 
real and rightful jurisdiction of Rhode-Island. Upon the thai 
of the appeals, before the King in council, the judgment of 
the Commissioners was affirmed. Thus the controversy about 
the eastern boundary of Rhode-Island terminated. It has now 
rested a hundred years. The committee cannot suppose that 
Massachusetts desires to embark in the quixotic attempt to 
revive this old and long settled controversy. As well might 
she assert now her old claim to a large part of the State of 
New Hampshire, or call upon the dueen of England, to relin- 
quish to her the jurisdiction over the old province of Nova 
Scotia. 

A succinct statement of the proceedings of the late joint 
Commissioners of the two States, upon the subject of the boun- 
dary line, seems proper to be stated, in order to a right under- 
standing of the position of the two States in reference to each 
other. In June, 1844, a copy of a resolution was received by 
the Governor of Rhode-Island from the Governor of Massachu- 
setts, stating that William Baylies, Myron Lawrence, and 
Johnson Gardiner were appointed Commissioners on the part 
of that State to meet Commissioners that may be appointed on 
the part of Rhode-Island, to ascertain the true boundary line 
between said States from Bullock's Neck to Pawtucket Falls- 
Whereupon Stephen Branch, Alfred Bosworth, and Albert C. 
Greene, were appointed on the part of this State. In the 



meantime and before any settlement of principles was made 
by the joint Commissioners upon which to base their action in 
reference to the line, the Commissioners of Massachusetts 
caused an experimental and exparte survey to be made of the 
Eastern line of Rhode-Island, by Simeon Borden, Esq. of Fall 
River, Massachusetts, and communicated the result of that 
survey to the Legislature of their State, by a report made to 
that body. 

The Commissioners of Rhode-Island did not join in that 
survey, not recognizing the propriety of relocating a line upon 
a new survey, when there could be no difficulty in finding the 
line located by a survey made by the Commissioners of Rhode- 
Island in 1746, not objected to by Massachusetts at that time, 
and acquiesced in on her part, from that period to the present 
time. The Legislatures of both States, by subsequent re- 
solves, enlarged the powers of their Commissioners so as to 
cover the whole line between said States from the northwest 
corner of Rhode-Island to the Atlantic Ocean, and authorised 
and directed their Commissioners to put up permanent monu- 
ments or bounds of granite stone throughout the whole divid- 
ing line between said States. Albert C. Greene having re- 
signed his office as one of the Commissioners, Richard K. 
Randolph was substituted, and Richard K. Randolph having 
declined, Robert B. Cranston was appointed to fill the vacancy. 

The joint Commissioners proceeded from time to time to 
meet, consult and debate the principles for the adjustment of 
the lines aforesaid, and caused a survey of the whole line to be 
made by Simeon Borden, Esq. of Fall River, Massachusetts. 

After a full interchange of views and a deliberate investiga- 
tion of the whole subject, in which they examined testimony 
in relation to the line and heard statements and argument from 
able counsel employed by those who manifested an interest in 
the subject of their proceedings, the Commissioners finally 
settled upon the principles by which they would be governed 
in the adjustment of the line. And in conformity with the 
principles thus settled for the whole line, the Commissioners 
of both States made an agreement at Boston on the 31st day 
of December, 1846, defining and marking the line from the 
northwest corner of Rhode-Island, at Connecticut line to the 
Burnt Swamp corner. 



8 

The principles governing the adjustment of the whole line 
and first applied to this portion thereof were, that the jurisdic- 
tional line as practiced upon by the States respectively, should 
be marked as the line, and wherever it should be found that 
the reputed line was crooked or indented, they would remedy 
the inconvenience and obscurity by running straight lines 
from monument to monument, wherever it could be done with- 
out involving great and inconvenient changes in inhabitancy 
and territorial jurisdiction. In conformity with these princi- 
ples first applied to the north line, the Commissioners aforesaid, 
with the exception of Johnson Gardiner, made and executed 
an agreement at Boston, on the 28th of April, 1847, by which 
they made a settlement of that portion of the line from Burnt 
Swamp corner to the Atlantic Ocean, subject to the ratifica- 
tion of the Legislatures of both States. The Commissioners 
having thus agreed upon the whole dividing line between said 
States, caused to be placed at all the angles and on all the 
public highways 1- filling from one State to the other, granite 
stone monuments or bounds marked in conformity to the re- 
solves of both States, which authorised the erection of the 
same. For the perforniance of this act of the Commissioners, 
there is no cause of complaint and certainly none on the part 
of Massachusetts, as the resolves of that State were peremptory, 
directing her Commissioners to put up monuments or bounds, 
even if the Rhode-Island Commissioners should refuse to, Join 
them in erecting the same. The agreement of the Copimis- 
sioners made December 31st, 1846, settling the line from the 
northwest corner of Rhode-Island, at the Connecticut line to 
the burnt Swamp corner, was ratified by the Legislature of 
Massachusetts in April, 1847. In May, 1847, the Legislature 
of Rhode-Island passed a resolve ratifying the agreement of 
the Commissioners on the north and east line of Rhode-Island, 
to take effect when the agreement of the Commissioners upon 
the whole boundary line should be ratified by the State of 
Massachusetts. 

It appears by the resolutions before your Committee that 
the General Court of Massachusetts have made null and void 
the proceedings of the Commissioners on that portion of the 
line from the northeast corner of Rhode-Island to the Ocean, 



9 

and by the same resolutions it appears that new Commission- 
ers have been appointed to meet Commissioners from this State 
to settle and adjust that part of the line, without including that 
portion settled by the same Commissioners which lies between 
the Burnt Swamp corner and the Connecticut line. 

It may be remarked that by the adjustment of the line upon 
the north of this State upon the principles applied by the Com- 
missioners to the whole line, a considerable portion of territory 
heretofore within the jurisdiction of Rhode-Island, was in con- 
sequence of the running of a straight line transferred from 
Rhode-Island to Massachusetts. By the application of the 
same principles upon the eastern line, a less portion of territory 
heretofore within the limits of Massachusetts, falls within the 
jurisdiction of Rhode Island. Massachusetts most readily 
adopts the principle when she is the gainer, but repudiates at 
once when she finds herself the loser. She is satisfied with 
the doings of the Commissioners on the north line. She does 
not propose to alter their doings there. She has gained terri- 
ritory — that proves the principle to be right. On the eastern 
line Massachusetts happens to lose — though she loses less 
than she gained on the north — nevertheless she loses — that 
proves the principle to be wrong. Massachusetts even com- 
plains that Rhode-Island has made the ratification of the north 
line subject to the ratification of the east line on her part. She 
would be keen in her diplomacy, and seems disposed to keep 
what she has and get what she can. The Committee admit 
the right of Massachusetts to annul the proceedings of her 
Commissioners. Their agreements were made expressly sub- 
ject to ratification. The right was the same on the part of 
Rhode-Island. Both parties should therefore stand in equally 
advantageous positions. And if the doings of the Commission- 
ers, after all the labor and expense by which they have been 
attended, are now to be annulled by the act of one State alone, 
the Committee are of opinion that the other party is at least 
entitled to the benefit of the diplomatic principle of uti possi- 
detis, or status quo ante bellmn. Let each party stand where 
she is or put both back where they were. 

In reviewing the history and proceedings of the joint Com- 
mission of the two States, whose labors have lately re- 
2 



10 

suited in an agreement, signed by all but one of the joint Com- 
mission — an. agreement entered into with great deliberation 
and at great expense to the two States, and now repudiated on 
the part of Massachusetts, the Committee have been unable to 
discover any just grounds, upon which this State should be call- 
ed upon to renew a negatiotion which was invited originally by 
Massachusetts and has been rendered futile, when on the brink 
of a just and amicable conclusion, by her act alone. 

The Committee have examined, with considerable care, the 
report of a joint committee of the Legislature of Massachusetts 
to whom the report of the joint commissioners was refer- 
red, and although the matter seems to have been laboriously in- 
vestigated, and much testimony of an exparte nature, which 
does not appear to have been offered to the joint commis- 
sion, and which this State therefore have had no opportunity 
to meet, seems to have been examined by that committee, still 
they have not been convinced by anything contained in that 
report, that the determination of the joint commission was not 
just, or that the !it)e by them established is not the true line of 
boundary between the States. 

The report of the joint committee of the Legislature of 
Massachusetts, appears to rely for the facts on which it is 
based, upon two sources of information which appear to your 
committee as of very questionable authority, viz : upon a num- 
ber of depositions taken exparte by order of that committee, 
and upon a survey made by order of the Massachusetts com- 
missioners, exparte, by Simeon Borden, Esq., before the joint 
commission had agreed upon the principles of adjusting the 
line. They seem entirely to disregard the statements of the 
joint commission in the reports in which all the commission- 
ers of our State and all but one of the other agree, and pay no 
attention to the statements made by Mr. Borden after the sur- 
vey under the direction of the joint commission had been made 
by him. Your committee are at a loss to know upon what 
other ground the General Court of Massachusetts could annul 
the procedings of gentlemen whose reputation for integrity and 
legal acquirements, stand so high as that of William Baylies 
and Myron Lawrence, after the full, fair, and laborious investi- 
gation which appears to have been given by those gentlemen, 



n 

in connection with our own commissioners, to the whole sub- 
ject of the boundary line. It is not impossible, and indeed 
not improbable, that if Rhode-Island had been allowed the op- 
portunity, she might have produced evidence effectually to 
contradict the exparte depositions which were produced before 
that committee ; and it is not impossible, or improbable, that 
th€ apparent discrepancies between the admeasurement of the 
■commissioners of 1746 and that of Mr. Borden in 1845, might 
be satisfactorily accounted for before any impartial tribunal. 

The line established and marked by the Commissioners, is 
understood to be the line heretofore recognised by the States 
respectively as the jurisdictional line of boundary between 
them, varying only so far as necessarily happened from the 
running of straight lines from monument to monument. The 
Commissioners, in their agreement, seem to have based their 
action upon the principles that long continued quiet and peace- 
able possession of territory under a claim of title, is sufficient 
between States, as between individuals, to establish the title. 
On the part of Rhode-Island, this principle was insisted upon, 
as the only principle upon which, at this late period of occu- 
pancy, the line could properly be run. No other line was 
therefore recognized by them in their negotiation with the 
commissioners on the part of Massachusetts, and no other line 
was ascertained or run by any survey under the direction of 
the joint commission. 

The propriety, legality and equity of adopting this position, 
we think, will appear obvious from a review of the his- 
tory of the boundary question between the States, and from 
the doctrine proclaimed in a recent decision of the highest ju- 
dicial tribunal of the country, deciding a question of boundary 
between the same parties represented by the joint commission, 
who made the agreement under consideration. 

It is well known that when the commission was established, 
a case was pending before the Supreme Court of the United 
States in reference to the northern boundary of Rhode-Island, 
in which our State claimed of Massachusetts a large tract of 
territory occupied by her and claimed as within the original 
charter limits of Rhode-Island. Pending the commission and 
before any agreement was made, that case was decided ad~ 



Tersely to the claim of Rhode-Tsland, and this committee are 
of opinion that the decision of that Court in that case, both 
upon the preliminary questions raised, and in the final decision 
of the case upon its merits, fully sustain this position. Th© 
north line of the State of Rhode-Island, from the northwest 
corner of the State at Connecticut line to the Burnt Swamp 
corner, was involved in this case decided by the Supreme Court, 
The bill in equity filed in that Court against Massachu- 
setts for possession of the territory claimed was dismissed, and 
it remained for the commissioners, who were authorized to 
run and mark the whole line between the States, to mark this 
position of the line as this decision left it ; or in other words 
to mark the line up to which the States respectively exercised 
jurisdiction. In doing this, however, the commissioners hav- 
ing agreed to run straight lines as more convenient for both 
States, where such lines could be established without involv- 
ing any considerable change of territory or inhabitancy, in- 
stead of marking the actual line of occupancy which was found 
by survey to be crooked and indented, caused the monuments 
to be set upon a direct line from the monument at Connec- 
ticut line, to the monument at Burnt Swamp corner. The ef- 
fect of this course was to make some slight changes from the 
reputed line, transferring territory in some instances from one 
State to the other, and upon the whole, the balance of terri- 
tory thus transferred was considerably in favor of Massachu- 
setts. Massachusetts does not object to this line. Rhode- 
Island ratified it, but made the ratification subject to the con- 
dition of the ratification of the whole line on the part of Mas- 
sachusetts. 

With regard to the line between the States on the east of 
Rhode-Island, it does not seem to the committee, that this 
State could, consistently with a just regard to the interest of 
her citizens, or a proper regard to her own honor as a State, 
join with Massachusetts in running this line upon any other 
principle than the one insisted upon by her commissioners, 
and acted upon by the joint commission, in the agreement 
which they have made. 

This line was run by commissioners of Rhode-Island acting 
alone in 1746. It was run immediately after the order of the 



13 

King in Council when the dispute between the States was*, 
decided — and when the line marked by the King's commis- 
sioners must have been obvious and as well known to one 
State as the other. Massachusetts had full notice of the time 
and place of the meeting of the commissioners, and had full 
opportunity and invitation to join in running the line. Her 
records show that her Governor was informed in the premises 
by commimication from the government of Rhode-Island, and 
that he laid the matter before his council. And yet she ap- 
pointed no commissioners, and asked for no delay on the part 
of ours. The line was run by our commissioners and marked, 
and their report was made to the Legislature and published 
among the laws of the State. Massachusetts made no objec- 
tion to the line which had been run, but her Legislature, after 
it had been run exparte, decided that no action on the part of 
Massachusetts was necessary. Thus refusing to act in the 
survey of this line and thus cognizant of the running of the 
line by Rhode-Island, and thus tacitly acquiescing in the line 
that was run at the time, how can she, with any semblance of 
propriety, after the lapse of a hundred years, claim that the 
line was not run as it should be, and how modestly does she 
alledge that fraud or mistake has been discovered by the keen 
eyed children of the Commonwealth in 1846, from under the 
dust and obscurity accumulated upon the subject during the 
lapse of a century, while the whole truth lay upon the surface 
of the earth, and no fraud or mistake was seen by their fathers 
when this whole matter was transacted before their eyes a 
hundred years ago. 

That the joint committee had a right to pursue such course 
as they deemed proper is freely admitted, but that the rejec- 
tion of the report of the commissioners by the legislature of 
Massachusetts, was not a decision made upon an impartial 
statement of facts before a disinterested tribunal, appears evi- 
dent from the following facts : 

That uncommon and unheard of exertions were made by 
some of the citizens individually, and some of the towns in 
their corporate capacity bordering on the line to induce I he 
legislature of Massachusetts to reject the report ; that the most 
able counsel was employed to appear before the committee 



14 

against the report, and written testimony produced which must 
have appeared essentially different had an adverse party been 
present to cross examine the witnesses when their depositions 
were taken. 

During a long investigation before the joint committee of 
the Massachusetts Legislature there was but one party present. 
Rhode-Island was not represented there ; it was not necessary 
she should be ; but if in the course ef events this question shall 
ever come before an impartial and disinterested tribunal, it will 
then be necessary and proper for Rhode-Island to be heard, and 
if she knows her rights and dare maintain them, she will place 
this matter in a different light from that in which it was made 
to appear when before the Legislative Committee of Massachu- 
setts. 

The report of the Commissioners on that portion of the line 
from the northeast corner of Rhode-Island to the Atlantic 
Ocean having been made null and void by the resolutions of 
the Massachusetts Legislature, and the resolutions of Rhode- 
Island ratifying the reports on the whole line being condi- 
tional, seem to require some reasons in justification of said 
reports. It appears to your Committee, on examining the 
reports of the Commissioners, signed on the 31st of Decem- 
ber 1846, on the north line, and that of April 8th, 1847, on 
the east line, that they agreed to establish the reputed or 
jurisdictional line as occupied by both States for the last hun- 
dred years, with such variations only as will be for the equal 
benefit of both States, by running straight lines from well 
known monuments or bounds : and that Rhode-Island has 
gained nothing by such variations is clearly demonstrated by 
the surveyors report. 

For the territory which of right belongs to and comprises 
the State of Rhode-Island, we rely upon the Charter of King 
Charles the 2d, granted to Rhode-Island in 1663. 

For a more minute and adjudicated description of boundary, 
we rely upon the award of the Royal Commissioners in 1741, 
which was confirmed on appeal by his Majesty in Council in 
1746. 

These Commissioners were selected from different colonies. 
They met in Providence, and continued their sittings for nearly 



16 

three months ; both States were represented before them ; each 
presented their claims and evidence. After a full, fair and im- 
partial investigation, as appears by their records, they gave the 
decision that Rhode-Island was entitled to the territory cover- 
ed by the Charter granted to her by King Charles the 2d, in 
1663 — a portion of which was then held by Massachusetts. 
They also caused a survey and map of the premises to be 
made which accompanies the award. Each State was fur- 
nished with a copy of the decree and map, and both States 
have rested on that decision from 1746 to the present time. 

Believing that decision to be valid and binding upon the 
parties, we deem it a work of supererogation to go behind it, 
or to examine the transfers, titles, grants, patents and charters, 
with the causes of disputes between the two colonies from the 
landing of the May Flower in 1620, to the final settlement in 
1741. It may be well for both States that there is one pe- 
riod in the last two hundred years beyond which they cannot 
raise the veil for contention. That Massachusetts acquiesced 
in the decision appears from her own records in a report sign- 
ed Nathl. P. Denny, Chairman of a Committee made to the 
Legislature of that State in 1825, wherein the Committee say, 
" In 1730 Rhode-Island claimed a part of Massachusetts on the 
west. In 1740 the King of Great Britain appointed Commis- 
sioners to hear the parties and decide the controversy. By 
their decision Massachusetts lost a most valuable part of the 
county of Bristol, cut off from the shores of Narraganset Bay. 
Although this decision was unexpected to both parties, yet 
Massachusetts acquiesced in it rather than to have disputes of 
this nature continually disturbing the peace and harmony of 
the two States." 

In 1746, J. Honeyman, Jr., George Wanton, Gideon Cornell 
and George Brown were appointed on the part of Rhode-Island 
to run out the lines and fix the bounds in conformity to the 
award of the Royal commissioners. The Governor of Massa- 
chusetts was duly notified, and he by message requested the 
Legislature of that State to appoint commissioners to join witli 
Rhode-Island in running the lines an<l establishing the bounds. 
Massachusetts refused or neglected to appoint commissioners, 
and the Rhode-Island commissioners proceeded to run out and 



16 

mark said boundary line. The commissioners of 1844 agreed 
to establish the bounds at the angles on the line which were 
reputed to be the bounds established by the commissioners 
aforesaid in 1746, and in conformity to such agreement estab- 
lished the bound at Burnt Swamp corner, at Pawtucket Falls, 
at Bullock's Neck, at Munroe's corner, at King's rock, at Fall 
River, at Wattuppa pond, at Joe Sandford's, and on the Ocean 
shore. At all, or nearly all, of those points, there were found 
standing, monuments recognised as such by both States, for 
" a period to which the memory of man runneth not to the 
contrary," and all of these monuments are undoubtedly at the 
very points fixed by the survey of the Royal commissioners, 
and also by the survey of the commissioners of our State in 
1746. That the occupancy has been according to the line es- 
tablished between those monuments, is well proved by nu- 
merous depositions from persons long conversant with the re- 
puted line thoughout its whole length, which depositions are 
herewith presented in an appendix to this report, together with 
the letters of Simeon Borden, Esq. to the commissioners, a 
gentleman residing in Fall River, Massachusetts, of the high- 
est integrity and eminent in his profession as a surveyor. They 
are confirmed by these historical facts, — 

That Pawtucket bridge was built in 1713, at the joint and 
equal expense of the Colony of Rhode-Island and Province of 
Massachusetts Bay, and was maintained and repaired by them 
jointly until the decision of the Royal commissioners affirmed 
by the King in Council in 1746 : from that time to the present, 
comprising more than a century, Massachusetts has not paid 
any portion of the expense of maintaining said bridge. The 
Legislature of Rhode-Island passed a resolve in 1770, author- 
ising and directing the towns of Providence and North Provi- 
dence to tax the land on the eastern shore (west of the bank 
of the river) from Bullock's Neck to Pawtucket Falls, and to 
place the proceeds from such tax in the General Treasury for 
the purpose of keeping up and maintaining Pawtucket bridge. 
Washington and Central bridges were built across the Seekonk 
river, in 1793, by acts of incorporation granted by the Legis- 
lature of the State of Rhode-Island. The property invested has 
been uniformly taxed by the town, now city, of Providence, 



17 

and said bridges are still held and managed by the owners un- 
der said charters. The toll gates and toll houses occupied by 
the toll collector at India Bridge have been for a long time on 
the east side of the river, and the said collector has exercised 
the right of voting in the city of Providence, and he with his 
family were included in the census as inhabitants of said city. 
In 1844, a map of the State of Massachusetts was published 
by order of the Legislature of that State, on which is recog- 
nised and laid down the bounds established by the Rhode- 
Island commissioners in 17'46, and the same which now mark 
the line delineated in the report of the commissioners of 1844. 
And again by a map pubhshed by order of the General Court 
of said State, under the direction of the Secretary of the 
Commonwealth, in 1846, the same bounds precisely are laid 
down as and for the jurisdictional line between said States. 
For the further confirmation of these lines, we refer with 
great confidence to a letter written by the Hon. Tristam Bur- 
ges, formerly of Providence, R. I., now of Seekonk, Mass., pub- 
lished in the Providence Journal in 1836, wherein he says, 
" Sir, let me repeat the declaration, I never at any time, or in 
any place, or to any man on earth, said, or so much as inti- 
mated, that the jurisdiction of Massachusetts extended to the 
middle of Seekonk river; but on the contrary, I have always 
stated, what all know and admit to be true, that the jurisdic- 
tion of Rhode-Island extends to high water mark on the east 
bank of that river." 

And we have full confidence in the validity of the state- 
ment made by the Rev. Orin Fowler, A. M. Pastor of the 
First Congregational Church in Fall River, Massachusetts, in 
his historical sketch of Fall River, delivered in three discourses 
January 24th, 1841, wherem he says, "While this church 
was without a house for public worship, their meetings 
were held sometimes at private houses, sometimes in a large 
store room, sometimes in the only school house in the place, 
and occasionally in the line Meeting house, an edifice placed 
on the line between the States of Massachusetts and Rhode- 
Island, and erected in 1798, by the various denominations liv- 
ing in the region of both States, as a house common to all, con- 
trolled by none." 
3 



18 

From the foregoing testimony and documentary evidence, 
it appears that the bounds aforesaid, at all the prominent angles, 
were established by the Rhode-Island commissioners in 1746 : 
that both States have exercised jurisdiction accordingly for 
the last hundred years : that Massachusetts has confirmed 
those bounds by placing them on the maps of that State in 
1844 and again in 1846, and that a majority of her commis- 
sioners have established them by their report in 1847 : that 
all the variations from the jurisdictional line by the agreement 
of the late commissioners are caused by running straight lines 
from the established bounds aforesaid, and it- is believed this 
is not such a transfer or change of territory as to require the 
sanction of the Congress of the United States. 

In reference to the boundaries upon the eastern line, it seems 
to the Committee that the following points in the investigation 
are established beyond dispute. 

The monument at Burnt Swamp corner is an authentic 
monument, always recognised by Massachusetts and never, 
until now, disputed or intimated to be wrong. In the first re- 
solve enlarging the powers of their commissioners, they direct 
their commissioners to "ascertain and establish the true boun- 
dary line from the Atlantic Ocean north and northerly to Bumf 
Swamp corner.^'' When the commissioners made their first 
report, in which all the commissioners of both States joined^ 
establishing the line on the north of this State, they run the 
line from the monument at Connecticut line, by exact ad- 
measurement to Burnt Swamp corner. Massachusetts ratified 
this agreement, and, so far as she could, established the monu- 
ument as the true corner in the line. 

Passing from Burnt Swamp corner to Pawtucket, a due 
south course was observed to the river. From Pawtucket 
Falls the line runs upon the eastern side or bank of the river 
in the line of ordinary high water mark to a point on the side 
or bank of the river at Bullock's point. It was from this 
point at high water mark^ thai the three mile line from Bul- 
lock's Point mentioned in the award of the commissioners of 
1741 commenced. Upon this river the line is described in 
the charter as on the eastwardly side or hank of the river. 
The true meaning of the term bank does not, in the opinion 



19 

of the committee, admit a latitude of interpretation. See Bou- 
vier's Law Dictionary, title bank of a river. See also the case 
Haglin vs. Campbell, vol. 8, page 9. 

The location of the commencement of the three mile line 
from Bullock's Point in the judgment of the commissioners of 
1741, seems also to the committee to fix the south terminus of 
the line upon the river at high water mark, and by consequence 
limits the whole line to the bank in the line of high water 
mark. See 3d of Sumner, 170. It should be remarked also 
in regard to the line upon the Seekonk and Providence rivers, 
that the State of Massachusetts never made or intimated any 
question or claim as to the jurisdiction here until now. The 
committees which have been raised by the two States at dif- 
ferent times have never intimated any difficulty as to this 
portion of the line. In the language of Mr. Burges, who has 
taken a prominent part on the side of Massachusetts in recent 
discussions upon the subject, '' It has always been stated, 
what all know and admit to be true, the jurisdiction of Rhode- 
Island extends to high water mark on the east bank of that 
river." And in the report of a committee to the Legislature 
of Massachusetts in 7i< 25, on the subject of the boundary line, 
it is stated, that " Massachusetts was by the decision of the 
Royal Commissioners in 1741, " cut off" from the shores of 
Narragansett Bay." Again, in reference to the line from Fall 
River to the Ocean, it appears to the committee, thatjthere 
never has been any question either at Fall River, or any where 
else, but that the jurisdictional line for a hundred years, has 
been, with the slight variation caused by straightening the 
line (and this is decided in favor of Massachusetts,) precisely 
where the commissioners have located it. This may be said 
with equal truth with regard to the line at Pawtucket, at 
which two places the line seems most in fault according to the 
report of the joint committee of the legislature of our sister 
State. It cannot be necessary for the committee in maintain- 
ing the view which they have taken of this subject to cite the 
well known and often quoted authorities upon the principles 
of law which they think bar the claim of Massachusetts and 
quiet the title of Rhode-Island to the territory which she has 
for so long a period held. Nor is it necessary for them to re- 



20 

view the argument which is offered to take Massachusetts out 
of the statute of limitation. Let it be admitted that that State 
had important matters to engross her attention from the period 
of 1751 up to and after the period of the revolution. Admit 
her to have been brave, patriotic and loyal at Louisburg ; that 
she was engaged in the invasion of Canada and in the expedi- 
tion to Crown Point, and that when peace was restored in 
1748, there were some expenses of the war which claimed her 
attention. Admit that in all the agitations which preceded 
and continued through the revolutionary war, she was active 
and patriotic, and seditious and rebellious as any of her sisters, 
still it is true that in reference to this matter of her western 
boundary upon this State she did find time to give to the sub- 
ject the attention which she deemed its importance demanded. 
She attended before the Commissioners when the matter was 
tried between her and Rhode-Island. She attended to the 
appeal before the King and Council. She did notice the fact 
that the line was surveyed by the commissioners of this State 
after the appeal was decided. She witnessed the survey and 
made no objection. In 1791 she appointed a commission 
who perambulated the line and found fault with the location 
of the monuments. The report of this commission she re- 
ceived and still took no steps to assert any claim, although a 
competent tribunal was open to her. In 1831, Rhode-Island 
filed the complaint against Massachusetts before referred to, 
to recover territory on her north line. After fourteen years 
litigation the Supreme Court of the United States, at their 
December term, J 845, dismissed the complaint of Rhode- 
Island. Justice McLean delivered the opinion of the Court, and 
uses the following strong and emphatic language : " For the 
security of rights, whether of States or individuals, long pos- 
session under a claim of title is protected, and there is no con- 
troversy in which this great principle may be invoked with 
greater justice and propriety than in a case of disputed bound- 
ary." 

The principle here laid down by the Supreme Court of the 
United States and applied to Rhode-Island on her north boun- 
dary, if applied to Massachusetts, must forever bar any claim 
she may make against Rhode-Island to recover territory on 



21 

her eastern boundary. In 1844, the joint commission before 
referred to was raised at the request of Massachusetts to ascer- 
tain and mark the boundary between said States. After in- 
vestigating the subject for four years, at a considerable expense 
to the States, two of the commissioners of Massachusetts have 
agreed with the Rhode-Island commissioners to establish the 
reputed or jurisdictional line as occupied by said States for the 
last hundred years. And in their separate report to their leg- 
islature, they expressly state as their opinion, that " the long 
and uninterrupted possession maintained by Rhode-Island, and 
acquiesced in by Massachusetts, gave to Rhode-Island rightful 
jurisdiction up to the reputed line," and that whatever of er- 
ror or wrong there had been in the commencement, had been 
done away by time ; that the line de facto had become the line 
de jure." It appears by the resolutions now before the com- 
mittee, that in case the line referred to is not settled on or be- 
fore the first day of May, 1849, the Governor of that State is 
authorised to institute such process as he may deem proper in 
the Supreme Court of the United States for the purpose of 
having a final adjudication upon said line. While we admit 
that the claims of one sovereign State upon another are in all 
cases entitled to a proper respect and due deference, and that 
every concession ought to be made consistent with equity and 
justice, the committee have the fullest confidence that Rhode- 
Island will be abundantly able to substantiate her claims to the 
territory she has occupied for the last hundred years before any 
tribunal competent to decide between the parties. 

If it were intended by the new commission on the part of 
Massachusetts to renew the claim that was urged before the 
commissioners of 1844, to recover territory from Burnt Swamp 
corner to the Atlantic Ocean, it would seem to be useless 
to appoint commissioners on the part of this State for the pur- 
pose of again refuting such pretensions. But as the resolutions 
of Massachusetts now before us confer powers on her com- 
missioners which will authorize them to make some new pro- 
position or to offer an exchange of territory, a due deference 
and proper respect for the legislative proceedings of a sister 
State may require of the General Assembly of this State a 
compliance with her request, so far as to appoint or continue 



2 



the present commissioners for the purpose of hearing such 
proposition, if any such shall be made. 

The committee recommend the passage of the following 
resolution. ° 

E. R. POTTER, ) 

S^PHEN BRANCH, fof the Senate. 

WM. D. BRAYTON, } 

ALFRED BOS WORTH ;> 

FENNER BROWN, ' Cof the Housp 

NATHAN F. DIXON, ) ^'^' 

Resolved, That the commissioners of this State heretofore 

State and Massachusetts, be hereby continued, with authority 
to meet the commissioners recently appointed by the State of 
Massachusetts, and that they be clothed with all the powers 

tSstmbir^"' "'^" ^'^" '' ''' '''-''' ^^^^^--^ «^ 

In Senate, Jan. 19, 1849, voted, &c. By order. 

HENRY BOWEN, Sec'ry. 



APPENDIX. 



COMMISSIONERS' REPORT, 1664. 

By the power given us by his Majesties' Commission, under his great 
seal of England, and directed by his Majesties' instructions to make a 
temporary settlement of the bounds claimed by any colony of which 
we can make no final judgment by consent of parties, that the peace 
of the country may be preserved till his Majesty's judgment and de- 
termination of their bounds be known — 

We order and declare the salt marsh betwixt the main land and 
Rhode-Island from Seconet Rocks northward to that point of the 
main land whicn is next over against Mount Hope point, to the said 
Mount Hope point not touching upon Rhode-Island, and so another 
right line from Mount Hope point to the next point upon the main 
land, and so from point to point, and from the last point a right line 
to the river's mouth called Seconke, and then the said river called Se- 
conke below and Pawtucket above till it meet with Massachusetts 
line, to be the present bounds betwixt his Majestye's Colonies of Ply- 
mouth and Rhode-Island, till his Majesty's pleasure be further known 
concerning them. 

And we desire each Colony to give us the reasons of their pretences 
written, and a draught of their Country according to their Charters, 
that we may give his Majesty a true information of them which we 
ipromise to do. 

Given under our hands and seals at Newport, on Rhode-Island, 
March 7th, 1664. 

ROBERT CARR. 
GEORGE CARTRIGHT. 
SAMUEL MAVERICK. 

To the Governor and General Assembly of Plymouth, and also of 
'Rhode-Island and Providence Plantations. 



24 

REPORT OF ROYAL COMMISSIONERS. 

Providence, June 30th, 1741. 

The court took into consideration the charters, deeds, and other 
evidences, claims, pleas and allegations produced and made by each 
party referring to the controversy before them, and, after mature ad- 
visement, came to the following resolutions : — 

That there is not any one evidence proving that the water between 
the main land on the east, and Rhode-Island on the west, was ever at 
any time called Narragansett River. 

That, though there be evidence that the place where the Indian 
called King Philip lived, near Bristol, was called Paukonoket, and 
that another place near Swanzey was called Sawans or Sawwamset ; 
yet no evidence has been produced of the extent of the Paukonoket 
country to Siconk, or Pawtucket River as it runs to the south line of 
the late colony of the Massachusetts Bay; for, though there be some 
evidence that the Indians at enmity with King Philip, or with other 
Indians in amity with him, lived on the west side of the said river, and 
that the Indians subject to King Philip, or in amity with him, lived on 
the east side of said river, there is no evidence that all the Indians 
subject to, or in amity with King Philip, lived in the Pokonoket 
country : 

That the province not having produced the letters patent constitut- 
ing the council of Plymouth, nor any copy thereof, the recital of said 
letters patent in the deed from the said council of Plymouth to Brad- 
ford and his associates is not sufficient evidence against the king's 
charter : 

That the council of Plymouth being a corporation, could not create 
another corporation ; and that no jurisdiction within the king's do- 
minions in America can be held by prescription, or on the foot of pre- 
scription : That the determination of the boundaries of the colonies of 
Rhode-Island and New Plymouth by the king's commissioners in the 
year 1664, appears to have been only a temporary order for preserving 
the peace on the borders of b oth colonies, without determining the 
rights and titles of either. 

Upon the whole, nothing appears whereby the colony of Rhode- 
Island and Providence Plantations can be barred or hindered from 
extending their jurisdiction eastward toward the province of the 
Massachusetts Bay, according to the true intent and meaning of their 
charter ; but some dispute having arisen between the parties as to the 
true construction and meaning thereof; the court is of opinion, that 
the Narragansett Bay is, and extendeth itself, from Point Judith, on 
the west, to Seconet Point on the east, and, including the Islands 
therein, layeth and extendeth itself unto the mouth of the river which 
runneth towards the town of Providence ; and that as it so lies or 
extends, has, and may be considered as having one eastern side, as the 
eastern coast of said bay runs up northerly from Seconet Point, and 
one other northeastern side from near Mount Hope to Bullock's Neck, 
as the said bay runs up northwesterly towards the town of Providence ; 
and that the lands adjacent to the said northeastern and eastern 
coasts, and included within the following lines and the said bay, are 
within the jurisdiction of the said colony of Rhode-Island, viz : 



25 

On the northeastern side of said bay, one line running from the 
southwest corner of Bullock's Neck, northeast three miles ; one other 
line running from the northeast extremity of said line, until it be 
terminated by a line three miles northeast from the northeasternmost 
part of the bay on the west side of Rumstick Neck ; and one other 
line from the termination of the last line to the bay at, or near, 
Toweset Neck, running so that it touch the northeast extremity of a 
line running three miles northeast from the northeast corner of Bristol 
Harbor ; and on the eastern side of said bay, one line from a certain 
point on the said eastern side of the bay opposite to the southernmost 
part of Shawomet Neck, and four hundred and forty rous to the 
southward of the mouth of Fall River, running east three miles ; one 
other line running from the easternmost extremity of said line until 
it be terminated by the easternmost end of a line three miles east from 
the easternmost part of a cove in the said bay, which is to the south- 
ward of Nanequaket ; and one other line from the termination of the 
last line to the sea, running on such a course as to be three miles 
east from the easternmost part of the bay adjoining to Setehawset on 
Rhode-Island ; and the said distances of three miles east and northeast 
are to be measured from high-water mark ; and this court doth hereby 
settle, adjust and determine, the eastern boundary of the said colony 
of Rhode-Island and Providence Plantations towards the Massachu- 
setts Bay is, shall be, and runs , from a certain point where a meridian 
line passing through the Pawtucket Falls cuts the south boundary of 
the colony of Massachusetts Bay south to Pawtucket Falls ; then 
southerly along the eastward side of Seekonk river, and the river which 
runneth towards the town of Providence, to the southwest corner of 
Bullock's Neck ; thence northeast three miles ; then along the afore- 
said lines, running at three miles distance from the northeasternmost 
parts of the said bay, to the said bay, at or near Toweset Neck : then 
as the said bay runs to the southernmost part of Shawomet Neck, and 
then in a straight line to the aforesaid point opposite to the said 
Neck ; then east three miles, and then along the aforesaid lines, run- 
ning at three miles distance from the easternmost parts of the said 
bay, to the sea. All which lines are to be run by making the proper 
allowance for the variation of the magnetic needle from the meridian. 
And for the better understanding of the description of the lines before 
mentioned, the court hath caused the boundary lines of the land 
adjacent to the said most eastern and northeastern parts of the said 
bay, to be delineated on the map or plan of the said bay and countries 
adjacent, now in court, and the same are distinguished on the said 
map or plan by A. B. C. D. E. F. G. H. 

CADWALLADER GOLDEN, 
PH. LIVINGSTON, 
ARCHA. KENNEDY, 
WILL. SKENE, 
ENOS JAS. PHILLIPS, 
OTHO HAMILTON. 
4 



26 

REPORT OF RHODE-ISLAND EX-PARTE COMMIS- 
SIONERS, IN 1746. 

"' At a general assembly of the English Colony of Rhode-Island 
and Providence Plantations, in New England, held at Providence on 
the sixth day of January, A. D., 1746. 

" Whereas Messrs. James Honey man, Jr., Gideon Cornell, George 
Brown, George Wanton, and Walter Chandler, were by the general as- 
sembly appointed commissioners to mark out the bounds of this colony 
towards the province of the Massachusetts Bay, agreeable to the late 
determination of the king in council, who, having perfected the same, 
made report to this assembly of their proceedings as followeth : 

" We, the subscribers, appointed commissioners by the general 
assembly of the colony aforesaid, to mark out the bounds of said 
colony eastward towards the province of Massachusetts Bay, agree- 
able to his majesty's royal determination in council, the 28th day of 
May, 1746, did, in pursuance thereof, on the 2d day of December 
last past, meet at Pawlucket Falls, in expectation of meeting with 
commissioners that might be appointed by the province of the Massa- 
chusetts Bay for the purpose aforesaid ; and after having there tarried 
till the after-part of said day, and no commissioners in behalf of the 
said province appearing, we proceeded to run a due north line, 
FROM Pawtucket Falls to the south boundary of the aforesaid 
province of the Massachusetts Bay, in manner following, viz. : — 
From a certain point on the southern side of Pawtucket Falls, where 
we erected a monun^ent of stones with a stake thereon, we run a 
meridian line, which directly passed through said Falls to a toalnut 
tree on thn northerly side of said falls, then to a pitch-pine tree, 
then to a small white oak, then to a gray oak, then to a small bush, 
then to another small bush with stones about it, then to a heap of 
stones with a stake thereon, (remarkable monuments these,) then to a 
black oak tree, then to another black oak, then to a small pitch-pine, 
then to a black oak, then to a large white oak near the river called 
Abbott's Run, then to a poplar tree, then to a heap of stones with a 
stake thereon, then to a large rock with stones thereon, then to a 
small black oak tree, then to a walnut tree; then to a black oak, then 
to divers other marked trees in the said course, to the extremity of 
the said line ; and v/hen we carne near the terinination of the said, 
line, made a monument of stones, there being no noted south boundary 
of the said protnnce near the said, line ; and therefore, for the 
discovery of the south boundary of the said province, upon the best 
information ue could obtain, proceeded to Wrentham Plain, at or 
near a place where was formerly erected a stake, called Woodtvard's 
and Saffrey's Stake, as one remarkable south boundary of the said 
province, and from thence run a west line, making, an allowance of 
eight degrees and a half, as the west variation of the magnetic needle 
from the true meridian, it being the course of the south line of the 
said j)rovince, according to their charter, (as we apprehended ;) and 
tiien tve extended the said north line frofu the aforesaid monument, tilt 
it intersected the said 7vcst line ; and upon the point of its intersection^ 
erected a monument if stones with a stake thereon, as the north-east 
boundary of that tract of land commonly called the Gore. 



27 

" After which we proceeded to Bullock's Neck, and on the south- 
west corner thereof erected a red cedar post, marked with the letters 
I. H. C. R., with the figure of an anchor thereon ; and from thence 
running a line north-east, making the same allowance for the varia- 
tion aforesaid, to a black oak tree, marked with the letters G. C. C 
R., then to a large white oak, marked with the letters G. B. C. R., 
then to a white oak post, set in the ground with a heap of stones 
around it, marked with the letters G. W. C. R., with the figure of an 
anchor thereon, being three miles distant from Bullock's Neck, 
aforesaid. After which we proceeded to the north-easternmost part of 
the bay on the west side of Rumsiick Neck, and from a point where a 
locust post was erected, run a line three miles north-east, with the 
same allowance for the variation, and at the extremity of said line 
erected a monument of stones, from which we run a line to the north- 
east extremity of that line, drawn from the south-west corner of 
Bullock's Neck aforesaid ; the course whereof being west thirty-eight 
degrees north, according to the magnetic needle, the distance of nine 
hundred and fifty-Jive rods ; marking trees, and making other boun- 
daries in the course of said line. 

"After which we proceeded to the north-east corner of Bristol 
Harbor, and from high-water mark, which was some rods distant 
north-east from the bridge leading to Svvansey Ferry, we run a line 
THREE MILES NORTH-EAST, Still making il f '• nic allowance for the 
variation, and at the extremity of which \\\^>' ' i* erected a monument 
of Stones. Then we run a line from the nuiUi-east extremity of the 
line drawn from Rumstick aforesaid, the course whereof being south 
twenty-five degrees east till it met with the termination of the line 
drawn from Bristol Harbor aforesaid ; the distance whereof being 
nine hundred and twenty-seven rods ; and from thence a straight line 
to the bay at Toweset Neck, making proper boundaries in the course 
of said line. 

"After which we proceeded to the eastern side of the Narragansett 
Bay, and on the easternmost part of a cove in the said bay, which is 
southward of Nanaquacket, run a line three miles east, (still 
making the same allowance for the variation,) at the extremity 
whereof we marked a gray oak tree with the letters C. R , with the 
figure of an anchor thereon. 

"After which we proceeded to the mouth of Fall River, and from 
thence measured four hundred and forty rods southerly on the 
shore as the said shore extendeth itself from the mouth of said Fall 
River, and from the point where the said four hundred and forty rods 
reached, being east thirty-five degrees south of the southernmost point 
of Shawomet Neck, we run a line three miles east, with the same 
allowance for the variation ; in the course whereof we marked divers 
trees, and came to a large pond, on the west of which was a small oak 
between two large rocks, and from thence measured over the said 
pond to a bunch of maples, two whereof we marked with the letters 
I and F, standing on a piace called Ralph's Neck, being the 
extremity of the said three miles ; from thence we run a line south 
twenty degrees west two thousand one hundred and twenty-three rods, 
(making proper boundaries in said line,) till we met the terminatioD. 



28 

of the THREE-MILE LINE, run from the cove southward of Nanaquacket 
aforesaid. 

"After which we proceeded to a place called Church's Cove, in 
said bay, and run a line three miles east, making the same allow- 
ance for the variation aforesaid, and at the extremity whereof, and 
near the sea, we erected a monument of stones, and from thence ran 
a line north two degrees and a quarter east, one thousand nine hundred 
and forty-one rods, till it also met the termination of the said line 
drawn from the first-mentioned cove as aforesaid ; making proper 
boundaries in the course of said line. 

" The aforegoing is a just account of our proceedings, and report 
the same accordingly. 

(Signed) J. HONEYMAN, Jr., 

GEORGE WANTON, 
GIDEON CORNELL, 
GEORGE BROWN. 

And it is voted and resolved, That the said report be, and is hereby, 
accepted by this assembly." 

[Public laws of Rhode-Island, published by authority, at the 
January session, 1798.] 



Extract prom the speech of His Excellency, Governor Shirly, 
to both houses, December 30, 1746. 

"Gentlemen of the Council and House of Representatives : — In the 
recess of the court, 1 received, from the Governor ot Rhode-Island, a 
copy of his majesty's order in council, affirming the judgment of the 
court of commissioners for settling the boundary line between this 
province and the Colony of Rhode-Island, accompanied with his letter 
to me, proposing that this government should join some persons, with 
a committee from that of Rhode-Island, to run and mark out the linej 
and that, in the mean time, I would forbid the officers of this govern- 
ment to exercise any jurisdiction in such places as will fall within that 
colony, according to the new settlement of the line. The result of 
the council thereupon, (to whom I communicated these papers,) I 
shall lay before you, agreeable to which, I have on my part acted 
hitherto ; and desire you would forthwith appoint commissioners to 
join in running and marking the said boundary line." 

Extract from Court Records, January 5, 1746, p. 41. 

" In the house of representatives. On reading that part of his 
excellency's speech, relating to the boundary line between this 
province and the colony of Rhode-Island, voted, that Mr. Speaker, Mr. 
Hubbard, Mr. Ruggles, Mr. Goldsbury, and Mr. Williams, with such 
as the honoroble board shall join, be a committee to take under con- 
sideration that part of his excellency's speech, and report thereon. 

"In council, read and concurred, and John Gushing, John Chand- 
ler, James Minot, and Andrew Oliver, Esqrs,,are joined in the af- 
fair." 



29 

Extract prom Court Records, January 14, 1746, p. 51. 

" John Gushing, Esq., from the committee of both houses, on the 
affair of the boundary line on Rhode-Island Colony, gave in the fol- 
lowing report, viz : — 

"The committee appointed to consider that part of his excellency's 
speech, relating to the boundary line with the colony of Rhode-Island, 
have duly considered the same and report : * that the said colony of 
Rhode-Island have, by an act of their government, appointed commis- 
sioners to join with commissioners from this government, to run the 
said line on the second of December last ; and in case this govern- 
ment should not appoint commissioners, that then the commissioners 
of that government should proceed ex-parte; and this government 
having never been informed of said order until their present sitting, 
the 24th of December, the committee are of the opinion that it is not 
necessary to go into any further consideration of the affair at this time. 
All of which is humbly submitted, by 

JOHN CUSHING, per order. 

" In council, read and accepted. 

" In the house of representatives, read and concurred." 



Report of the cojimittee to the Massachusetts legislature, 

1825. 

[This was also ratified and confirmed by the government of Rhode- 
Island] 

In 1730, Rhode-Island claimed apart of Massachusetts on the east. 
In 1740, the King of Great Britain appointed commissioners to hear 
the parties and decide the controversy. By their decision, Massa- 
chusetts lost a most valuable part of the county of Bristol, cut off from 
the shores of Narragansett bay. Although this decision was unex- 
pected to both parties, yet Massachusetts acquiesced in it, rather 
than to have disputes of this nature continually disturbing the peace 
and harmony of the two states. As this was a question of jurisdic- 
tion discussed before and determined by a tribunal of the highest au- 
thority, and as nothing was said in relation to the line now under 
consideration, it is to be fairly inferred that this line was considered 
by both parties, as having been settled by commissioners in 1719, 
beyond the possibility of ever being again disturbed. The commit- 
tee therefore recommend the adoption of the following resolutions. 

NATH'L P. DENNY, Chairman. 

Commonwealth of Massachusetts, in the year of our Lord one thou- 
sand eight hundred and twenty-five, 
Resolved, That in the opinion of this Legislature, the line of 
jurisdiction between the Commonwealth of Massachusetts on thef 
south, and the state of Rhode-Island on the north, more than one hun- 
dred years ago, was mutually, formally and equitably settled by com- 
missioners appointed by both governments, and solemnly ratified and 
confirmed by the same, they therefore can see no good reason for unit- 
ing with the government of Rhode-Island in an arbitration for settling 
again, principles and lines which have so long been established and 
acquiesced in by both parties. But as it is desirable to preserve and 



30 

cultivate good feelings between the citizens of the two states, the 
government of Massachusetts hold themselves at all times, ready to 
run the line as anciently settled by the two states, and renew the 
monuments, if found necessary. 

Resolved, That the executive of this state be requested to trans- 
mit this resolution to the executive of Rhode-Island, with a request 
that he would communicate the same to the Legislature thereof 

Sent down for concurrence. 

Came up concurred. 

Approved by the Governor. 

Vol. 65, pages 408, 411, 412, 413, 414, 415, 416, 417. 

Secretary'' s Office, Soston, January 2ith, 1843. 
The foregoing papers are true copies from the records deposited 
in this office. JOHN A. BOWLES, 

Secretary of the Commonwealth. 



From the Providence Journal of April 18, 1836. 
To the Editor of the Journal : 

Sir — Since my return from Boston, where I have been on business 
for the last two weeks, I have seen in the Herald, published in Pro- 
vidence on the 16th of April, instant, a most singular misstatement 
of an argument made by me on Wednesday, the 6th of this month, 
before the Joint Committee on Railways and Canals, of the General 
Court of Massachusetts. This statement represents me assaying be- 
fore that Committee that the jurisdiction of Massachusetts extends to 
the middle of Seekonk river. I assure you, sir, and all the people 
of Rhode-Island, that this statement has not the least foundation in 
fact. On the contrary, I said repeatedly in that argument, that t he 
jurisdiction of Rhode-Island on that river, extended, on the cast side 
of it, to high water mark. 

That you and the people of this state may fully understand this 
matter, permit me in a few words to state the case, and that part of 
my argument which is misrepresented. I, with others, was a peti- 
tioner to the General Court of Massachusetts at their last session in 
Boston. We petitioned for a branch to the great Boston and Provi- 
dence Railroad ; and we requested that this branch might terminate 
at a place called Rocky Point, on Lyon farm, at high water mark ; 
and at another place on said farm called old wharf, also at high water 
mark, the boundary line between the two states. As I am the owner 
of that part of the Lyon farm where these two points of termination 
are, and of the fiats below that mark and in Rhode-Island, it was my 
purpose to convince the Committee that I could, by deed, convey this 
upland and these flats to the Railroad Corporation, if chartered, so 
that they '-ould have the same rights which I held. Their road 
would be in Massachusetts and their wharves in Rhode-Island ; but 
the dividing line of the states would not impair their title to both ; 
and that the road would be held under the laws of one state and the 
wharves under those of the other, jubt as the farm and fiats were now 
owned by me. 

I further stated, that originally the upland and flats, to the midd!e 
of the river, were owned by Massasoit, the great Sachem of the 



31 

Wampanoags, who so much befriended the Pilgrims of Plymouth 
when they arrived in this country ; that in like manner the land and 
flats on the west bank of the river and bay were owned by Canonicus, 
the Sachem of the Narragansetts. — It was further stated by me that 
Massasoit bestowed, as I believe, this very land, to the channel of the 
river, on Roger Williams, for good services done to him by the foun- 
der of Rhode-Island, and that he made his first location, as I believe,, 
on the southern shore of the Lyon farm, from which he was removed 
by well known causes. Moreover, when Metacomet, called King 
Philip, sold Rehoboth to the people of Plymouth, he sold to the chan- 
nel of the river, and that those who held under that deed of King 
Philip held as far as the grantor held. This title to the property 
could not be impaired by the jurisdiction ; for Rhode-Island, by her 
charter, held jurisdiction to the high water mark on the east bank of 
the river ; but that charter did not disturb the owners of the flats, 
below high water mark, any more than it did the owners of upland 
above that mark. When wharves were built on these flats, at the 
two points where this Branch Railroad ended at high water mark, 
and the owners of the road were made the owners of these wharves; 
they would hold the road under the laws of Massachusetts and the 
wharves under the laws of Rhode-Island, and being united at high 
water mark, the line of jurisdiction between the two states, the own- 
ership could never be separated by any law made by either ; for I be- 
lieved no state in New England would ever undertake, by legislation, 
to invalidate a deed of land made in good faith and for a valuable 
consideration. Rhode-Island would hold her jurisdiction to high 
water mark; but title deeds were held as sacred in that jurisdiction, 
and real estate was as secure as anywhere on earth. 

This, sir, is a short abstract of my argument as to this part of it 
before that committee. It is what I stated publicly and privately in 
all conversation while at Boston. Let me tell you also that I told the 
editor of one of the papers from which the Herald quotes, that be had 
altogether mis-stated what I said ; and eould 1 have apprehended that 
any editor in Rhode-Island could for a moment believe that I made 
that foolish and absurd statement attributed to me in the Herald, I 
should have contradicted it in the papers of Boston. The truth is, 
my opinion of the editor of the Herald, was above his merit. I gave 
him credit for some grains of those qualities which all honrst and scjj- 
.sj6/e men highly prize ; when, in fact, he seems to be without one 
scruple in all those matters. 

Sir, let me repeat the declaration : I never at any time, or in any 
place, or to any man on earth, said or so much as intimated, thitt the 
jurisdiction of Massachusetts extended to the middle of Seekonk river; 
but, on the contrary, I have always stated, what all know and admit 
to be true, that the jurisdiction of Rhode-Island extends to high wa- 
ter mark on the east bank of that river. 

I have always, on all occasions, and before all men, at all times de- 
fended and advocated the rights of Rhode- Island. I have done this, 
at home and abroad, in the councils of this state, before those of oth- 
er states, and in the Congress of the United States. Let the man, if 
there be such a man, show his face to me, who will say that he ever 
heard a word uttered against Rhode-Island, or one of her citiezns, no. 



matter how humble, when I was present, and did not reply to him as- 
a son would reply to one who had reproached his mother or his 
brother. 

My adversaries may pile falsehood on falsehood, and for a season 
overshadow the truth, and make the people of this state believe that 
I am regardless of their interest ; but they can never take from me the 
recollections of the past by any thing either present or future. 

TRISTAM BURGES. 



RESOLVE CONCERNING THE BOUNDARY LINE BETWEEN THE STATES OF 
MASSACHUSETTS AND RHODE-ISLAND. 

COMMONWEALTH OF MASSACHUSETTS. 

IN THE YEAR ONE THOUSAND EIGHT HUNDRED AND FORTY-FOUR. 

Resolved, That his excellency the governor, by and with the advice 
and consent of the council, is hereby authorized to appoint one or 
more commissioners, not exceeding three, to act in conjunction with 
commissioners on the part of the state of Rhode-Island, in ascertaining 
or establishing the true boundary line between said states, from Paw- 
tucket Falls to Bullock's Neck, If the state of Rhode-Island should 
decline to appoint commisssioners for the purposes aforesaid, the 
commissioners on the part of Massachusetts are hereby authorized 
and required to view the premises, and ascertain all the facts they 
can, necessary to the establishment of the true line, and report the 
same, and all their doings, to the governor and council, so that it may 
be laid before the next legislature ; and the governor and council are 
hereby authorized to audit and settle the accounts of said commis- 
sioners, and draw his warrant on the treasurer, who is authorized to 
pay the same. 

House of Representatives, Feb. 24th, 1844. 



Passed. 



Passed. 



SAMUEL H. WALLEY, Jr., Speaker. 
In Senate, Feb. 26th, 1844. 



JOSIAH aUINCY, Jr., President. 
February 27th, 1844. 

Approved. GEO. N. BRIGGS. 

March 18th, 1844. 
A true copv. 

Attest, JOHN G. PALFREY, 

Secretary of the Commonwealth. 

RESOLVES IN ADDITION TO A RESOLVE CONCERNING THE BOUNDARY 
I,1NE BETWEEN THE STATES OF MASSACHUSETTS AND RHODE-ISLAND, 
PASSED ON THE TWENTY-SEVENTH DAY OP FEBRUARY, IN THE YEAR 
ONE THOUSAND EIGHT HUNDRED AND FORTY-FOUR. 

Resolved, That the commissioners appointed by virtue of the 
resolve aforesaid, be authorized to ascertain and establish the true 
boundary line between said States, from the Atlantic Ocean north, 
and northerly to Burnt Swamp Corner, 



Resolved, That the aforesaid commissioners report their doings to 
the governor and council, in season to be laid before the present 
legislature, if practicable ; if not practicable, they shall report as soon 
as may be. 

Resolved, That the governor be requested to transmit a copy of the 
foregoing resolves to his excellency, the governor of Rhode-Island. 
[Approved bi/ the Governor, January ^d, 1845.] 



RESOLVES CONCERNING THE BOUNDARY LINE BETWEEN MASSACHUSETTS 
AND RHODE-ISLAND. 

COMMONWEALTH OF MASSACHUSETTS. 

IN THE YEAR ONE THOUSAND EIGHT HUNDRED AND FORTY-SIX. 

Resolved, That the commissioners appointed by virtue of a resolve 
concerning the boundary line between Massachusetts and Rhode- 
Island, passed the twenty-seventh day of February, in the year one 
thousand eight hundred and forty-four, be authorized, in conjunction 
with the commissioners on the part of Rhode-Island, to erect suitable 
stone monuments, marked with the letters MASS. engraved on one 
side, and R. I. on the opposite side, at the prominent angles of the 
line, from the Atlantic to the north-west corner of the state of Rhode- 
Island, and at such other points of the line as may subserve public 
convenience, the expense whereof to be at the joint and equal charge 
of the two states : provided, if the commissioners, on the part of Rhode- 
Island, decline acting in the premises, the commissioners, on the part of 
Massachusetts, shall nevertheless procure and erect such monuments 
as aforesaid, at such places as they shall deem expedient for the 
proper marking and establishment of the line aforesaid. 

Resolved, That the governor and council are hereby authorized to 
audit and settle said commissioners' accounts for the services con- 
templated by the preceding resolve, and draw a warrant on the 
treasury for the same. 

Resolved, That his excellency the governor be requested to 
transmit a copy of the foregoing resolves to his excellency, the 
governor of Rhode-Island. 

House of Representatives, April 10th, 184G. 

SAMUEL H. WALLEY, Jr., Speaker. 
In Senate, April 10th, 1846. 

W. B. CALHOUN, President. 
April llth, 1846. Approved,— GEO. N. BRIGGS. 

Secretary's Office, April loth, 1846. 
I certify the foregoing to be a true copy of the original resolve. 

JOHN G. PALFREY, Secretary of the Commonwealth- 



34 

RESOLVE NUMBER ONE. 

At the June session of the General Assembly, A. D. )S44, the fol- 
lowing resolution was passed, to wit. 

Resolved, that Stephen Branch, Alfred Bosworth, and Albert C 
Greene, be and they are hereby appointed commissioners on the part 
of the stale of Rhode-Island, to confer with those appointed by the 
Governor and Council of the state of Blassachusetts for the purpose 
of ascertaining or establishing the true boundary line between said 
states, from Pawtucket Falls to Bullock's Neck, and to take care of 
the interest of ihis state, until the proper documents can be procured 
from abroad, in relation to said boundary line. 

RESOLVE NUMBER TWO. 

Whereas, Stephen Branch, Alfred Bosworth, and Albert C. Greene, 
Esqs., were, at the June session of this Assembly, A. D. 1844, ap- 
pointed commissioners to confer with commissioners previously ap- 
pointed by the state of Msssachusetts, to ascertain the true boundary 
line between the two states, from Bullock's Neck to Pawtucket Falls. 
And whereas a difference of opinion has long existed as to the true 
boundary line north and northerly of the line aforesaid, in relation to 
which a suit is now pending between said states in the Supreme Court 
of the United States. And whereas this Legislature are informed 
that there is now pending before the Legislature of Massachusetts, a 
resolution enlarging the powers of their commissioners and extending 
the same to embrace thp whole dividing line between said states, 

Therefore resohcf' Geiurol Assembly, That said commis- 

sioners be, and they :. • authorized and empowered on the part 

of this state, to meet sucli commissioners as are, or may be, appointed 
en the part of Massachusetts, with full power to ascertain and settle 
the whole dividing line between said states, from the northwest cor- 
ner of Rhode-Island to the ocean, and in case of a difference of opin- 
ion, to adjust and agree upon such dividing line as they shall deem 
proper, either by compromise or otherwise, which said dividing line 
so ascertained or agreed upon, when ratified by the Legislatures of 
both of said states, shall forever thereafter be, and remain the divid- 
ing line between said states, any charter, agreement, or reputed line to 
the contrary notwithstanding. 

Resolved, That said commissioners be and they are hereby author- 
ized to employ such surveyor and other persons as they may find ne- 
cessary to carry the foregoing resolution into full effect. 

House of Representatives, January 17th, 1845, voted, 6lc. Bv or- 
der, T. A. JENCKES,Clerk. 

In Senate, read J:;nuarY 21;tli, 5845, and concurred. By order, 

HENRY BOWEN, Secretary. 

RESOLVE NUMBER THREE. 

At the May session, 1846, the follow-ing resolve v>as passed. 

Resolved, That the commissioners appointed by this Assembly re- 
lative to the boundary line between this state and Massachusetts, be 
authorized in addition to the powers already conferred on said commis- 
sioners, to join with the ccramissicners en the part (if the state of Mas- 
sachusetts, in putting up permanent monuments, nt all the prominent 



35 

angles in the boundary line between said states, from the northwest 
corner of this State to the ocean, and at such other points in said 
line, as may subserve the public convenience. 



NORTH LINE. 

The undersigned, commissioners of the state of Massachusetts and 
Rhode-Island, respectively appointed to ascertain, establish, and de- 
finitely mark the true boundary line between said states, from the At- 
lantic ocean to the northwest corner of Rhode-Island, having perform- 
ed in part the service assigned them, respectfully 

REPORT. 

That soon afier the decision of the action long pending in the Su- 
preme Court of the United States, relative to the northern boundary 
of Rhode-Island, the commissioners of both states met, and entered 
upon the performance of their duties. They found by actual peram- 
bulation, that the jurisdictional line as observed by the parties, was 
in many places, crooked and indented, in others obscure and ill defined. 
Deeming it of vastly more importance, that the boundary line should 
be easily found and distinctly marked, than thut i'c should be estab- 
lished, with all its irregularities, in the exact location that reputation 
had given it, the commissioners resolved to establish straight lines, 
whenever it could be done without involving great and inconvenient 
changes in inhabitancy and territorial jurisdiction. The north line 
presented a fair subject for experiment. That line was unquestiona- 
bly originally straight or intended to be so. The monuments at either 
end of the line were well known and undisputed. The commission- 
ers therefore directed an experimental survey of the north line to be 
made. The experiment satisfied thera that the changes of residence 
and territory involved by making the line straight, were altogether too 
insignificant to justify the establishment of it as found to exist by repu- 
tation. They therefore unanimously directed Simeon Borden, Esq. 
the Surveyor, mutually appointed by the commissioners of both states, 
to run a straight line from the monument at " Burnt Swamp corner," 
in Wrentham, Massachusetts, to the monument at the northv/est cor- 
ner of Rhode-Island, on the east line of the state of Connecticut. He 
accomplished this difficult undertaking to the entire acceptance of the 
commissioners. We therefore, pursuant to our several instructions, 
hereby establish, subject to the ratification of the Legislatures of the 
respective states, as the true boundary between said states from 
•' Burnt Swamp corner" in Wrentham, Massachusetts, to the north- 
west corner of Rhode-Island, on the east line of the state of Connecti- 
cut, the following described line as reported to us by Col. Borden, our 
surveyor, viz : 

'• Commencing at Burnt Swamp corner. This corner is situated 
in the town of "Wrentham, near the south end of a swamp known by 
that name, and was marked by a neap of small stones, which tradi- 
tion po nts out to have been placed there by the commissioners on the 
part ofiRhode-IsIand, in 1746. The latitude and longitude of this 
point were carefully determined by the Trigonometrical survey of 
Massachusetts, and found to be as follows, viz : — north latitude 42^ 



36 

01' 08" 6'", longitude west of Greenwich 71° 23" 13" 20'". The 
monument at the northwest corner of Rhode-Island, consisted of a 
heap of small stones, piled upon a rock, or rather a granite boulder of 
somewhat large dimensions. The time of its erection does not so 
distinctly appear ; but the traditions respecting its character as the 
true northwest corner-bound of the state of Rhode-Island, are most 
satisfactory. Its latitude and longitude as found by the Trigonomet- 
rical survey are as follows, viz : — latitude north 42*=^ CO' 29" 4S"', 
longitude 7 1*^ 40' 18'' 07'". The bearing of a direct line between 
those points, carefully compared, are found to be as follows, viz : — 
" From Burnt Swamp corner" to the southwest corner of Rhode- 
Island, the bearing is south 80"^ G8' 31'' 54"' west longitude. From 
this corner to " Burnt Swamp corner," the bearing is north 87^^ 51' 
44" 36'" east. The line was run between these monuments with 
great care ; and when completed, was found not to vary an inch 
from their centres. The length of the line is 21.512 miles. Since 
the line was run, private marks have been placed near each road that 
crosses said line, to serve as guides in placing the monuments neces- 
sary to mark the line permanently. Holes have been dug for said 
monuments, and they v/ill be erected as soon as the weather becomes 
suitable. A monument has been prepared for the Burnt Swamp cor- 
ner. ( I dressed granite, about nine inches square, marked upon the 
sides facing Massachusetts, MASS, and upon the sides facing Rhode- 
Island, R. I. To render the position of this monument firm, the 
swamp mud and peat have been removed to the depth of about four 
feet, or to a firm foundation, and the hole filled with small field or 
rubble stones. The monument is to be erected in the centre of this 
parcel of stones, and will stand about 2 1-2 feet above the surface. 
The monument for the northwest corner of Rhode-Island is in the 
form of a truncated pyramid of four sides, and about 18 inches square. 
It will stand between the towns of Thompson, in the state of Con- 
necticut, Burrillville in Rhode-Island, and Douglass in Massachu- 
setts; on the side facing Connecticut it is marked CON, on the side 
facing Massachusetts, MASS, and on the sides towards Rhode-Island, 
R. I. This monument will be erected on the granite boulder afore- 
said, into which a copper bolt has been inserted, which will correspond 
with the centre of said pyramid. 

The monuments prepared to mark the line at the several road cross- 
ings are substantial granite posts about eight inches square and five 
feet long, and when set will stand about 2 1-2 feet above the surface. 
The sides facing the states are dressed and marked, the or.e MASS, 
the other R. I. 

This line will form the northern boundary of the towns of Cumber- 
land, Smithfield and Burrillville, in Rhode-Island, and the southern 
boundary of the towns of Douglass, Uxbridge, Blackstone, Belling- 
ham and Wrentham in part in Massachusetts. 

I am happy to find that a straight line varies (he jurisdiction over 
but little territory and changes the residence of very few inhabitants. 
With great respect, your humble servant, 

SIMEON BORDEN. 



37 

The other portions of the line have been perambulated and the 
principles governing their adjustment settled. The portion of the line 
from Pawtucket Falls to Bullock's Neck, is still an open quesiion. 
We entertain no doubt, however, that in a proper spirit of concilia- 
tion and compromise, the whole line will be settled the ensuing 
spring to the reasonable satisfaction of all concerned. 
Done at Boston, December 31, 1S4C, in duplicate. 

MYRON LAWRENCE, 
WILLIAM BAYLIES, 
JOHNSON GARDNER, 
Commissioners on the part of Massachusetts. 

STEPHEN BRANCH, 
ALFRED BOSWORTH, 
R. B. CRANSTON, 
Commissioners on the part of Rhode-Island. 



EATS LINE. 

The undersigned Commissioners, appointed by the states of Mas- 
sachusetts and Rhode-Island, to ascertain and establish the true boun- 
dary line between the said states, from the Atlantic ocean to Burnt 
Swamp corner in Wrentham, namely, Myron Lawrence and William 
Baylies, two of the commissioners appointed on the part of Massachu- 
setts, and Stephen Branch, Alfred Bosworth, and R. B. Cranston on 
the part of R. Island, after viewing the premises and a careful and delib 
erate examination of the subject, do hereby determine and agree that 
the following described line is the true boundary and jurisdictional line 
between the said states from the Atlantic ocean to the aforesaid Burnt 
Swamp corner, and that the same be, and is, hereby established as 
such, subject to the ratification of the Legislatures of said states re- 
spectively, viz. Beginning at the ocean at a point on the shore in a 
line with a rock on the land of Charles Manchester, called the peaked 
rock, and running northerly to a stone monument on the ground 
near the house of J. Sanford, opposite Nanaquket, thence northerly to 
an angle on the easterly side of Watupper pond, thence across the 
said pond to the two rocks on the westerly side of said pond and near 
thereto, thence westerly to the buttonwood tree in the village of Fall 
River, thence in a straight line to the shore opposite Toweset, thence 
crossing the river in a westerly direction to a rock en the shore at 
Toweset, thence in a northwesterly direction to a place called King's 
rock, thence continuing in a northwesterly direction to a place called 
Munroe's corner, thence southwesterly to Bullock's Neck on the south- 
west corner thereof, and thence on the easterly side of tlie river that 
runneth towards Providence, higher called Seekonk river, in the line 
of ordinary high water mark to Pav.'tucket Falls. 

Provided however, that the rights of the owners or occupants of 
lands bordering on said river on the easterly side thereof, are not 
hereby to be in any manner abridged or i.^lpaired, it being understood 
and agreed that the said owners or occupants have andsliall continue 
to have in the adjoining shores, flats nnd marshes, all the rights of pro- 
perty and all other rights of every description which appertain to ri- 
parian proprietors according to the connncn l.iw of Massachusetts : 



38 

said riparian rights to be enjoyed by said owners or occupants respec* 
lively, in as full and complete manner and to the same extent as the 
citizens of Massachusetts now have and enjoy riparian rights. And it 
is further agreed that the rights of fishery in said river shall be enjoyed 
by the owners or occupants of the lands bordering on said river in 
common with the citizens of Rhode-Island, without being subject to ■ 
any other regulations than such as shall apply equally to the said 
owners or occupants and the citizens of Rhode-Island. 

From Pawtucket Falls, at a point on the easterly side thereof, the 
said line shall run northerly along the centre of the river to the point 
where a due south line drawn from Burnt Swamp corner meets the 
river, thence in a due north line to said Burnt Swamp corner. It be- 
ing understood by the commissioners, parties hereto, that the line 
herein before described, is the same, or substantially the same, as the 
line delineated on the map of Massachusetts, made by Simeon Bor- 
den and published by order of the Legislature of Massachusetts, in 
the year eighteen hundred and forty-six. 

And we, the said commissioners, further agree, that at a proper 
and convenient time, the location of said line shall be completed in 
accordance with this agreement and the principles thereof, by the 
erection of such monuments thereon and at such places as may be 
necessary to the distinct marking of said line, so that the same may 
never hereafter be brought into dispute or question, to the disturbance 
of those friendly relations which ought to be preserved and cherished 
between the people of said states. 

Done at Boston in duplicate, this twenty-eighth day of April, in 
the year eighteen hundred and forty-seven. 

MYRON LAWRENCE, ) Conunissioners of 
WM. BAYLIES. ] Massachusetts. 

STEPHEN BRANCH, \ Commissioners 
ALFRED BOSWORTH, \ of 

R. B. CRANSTON. j Rhode- Island. 

[The Hon. Johnson Gardner, one of the commissioners of Massa- 
chusetts, was present at the execution of this agreement and dissent- i 
ed therefrom.] 



TO HIS EXCELLENCY THE GOVERNOR, AND THE HONORABLE COUNCIL, 
OF THE COMMONWEALTH OF MASSACHUSETTS. 

The undersigned, who, with the honorable Johnson Gardner, were 
appointed commissioners, on the part of Massachusetts, to ascertain 
and settle, in conjunction with commissioners on the part of Rhode- 
Island, the true boundary line between said states, from the ocean to 
Burnt Sv.amp Corner, submit the following 

REPORT. 

On the tvveniy-elghth day of April last, the undersigned made and 
concluded with the commissioners of Rhode-Island a written agree- 
ment, in duplicate, establishing the line therein described as the true 
boundary line between said states, within the aforesaid limits; one of 
which agreements accompanies this report, and is marked A, In 



39 

this agreement, the said Johnson Gardner did not concur, but, at the 
time it was executed, declared his dissent ; and the undersigned have 
since received a written communication from said Gardner, bearing 
date June Slst, 1847, protesting against said agreement. This com- 
munication, in compliance with his request, also accompanies this 
report, and is marked B. 

The undersigned will take the liberty of making a single remark 
upon this communication from their colleague. If, in noting on the 
agreement his dissent, the proper formula was not adopted, the under- 
signed regret it. They certainly had no intention of abridging his 
rights in one jot or tittle ; or of preventing him from making his 
dissent public in such manner as he should consider the most 
effectual for his purposes. 

The undersigned will now proceed to state the grounds of this 
agreement, and the reasons by which they were induced to accede 
to it. 

This will require them to repeat some of the facts detaileof in a 
former report, which was made by the present Massachusetts commis- 
sioners to the governor and council, upon the line between Pawtucket 
Falls and Bullock's Neck, which report was communicated by his 
excellency to the legislature, January 23d, 1846; and printed by 
order of the house of Representatives. (No. 11.) 

To that report they refer. It may be, and probably is, deficient in 
some particulars. It contains, however, (it is believed,) no material 
error of statement. There are in the printed report, it is true, several 
errors of the press ; but these are palpable, and do not affect or 
obscure the sense or import of it. 

The subject should, and no doubt will, receive a full and careful 
examination — not only on account of its intrinsic importance, but 
also, in deference to a respectable portion of the citizens of this Com- 
monwealth, who profess to feel a deep and growing interest in it. 

The charter of New Plymouth was obtained in 1629. It was 
granted, nominally, to William Bradford and his associates, by the 
council established at Plymouth, in the county of Devon, England. 

The territorial limits of the colony are not, in all respects, clearly 
defined ; but this becomes of no importance in the view which the 
undersigned have taken of the case. Though the colonists of New 
Plymouth exercised the highest prerogatives of sovereignty ; yet, as 
their charter had never been confirmed by the crown, they were not, 
in legal contemplation, (such was the doctrine of that time,) a duly 
incorporated body politic, but a subordinate and voluntary associa- 
tion ; and so remained till 1691, when the colony of New Plymoiitii 
was united with the colony of Massachusetts, &c., and became a parr, 
of the province of Massachusetts Bay, in New England. (I Story's 
Commentaries on the Constitution, 39. 1 Grahame's Hist. fj. S., 
200.) 

In IG63, a royal charter was granted to Rhode-Island, which, 
according to her claim, encroached upon the Plymouth patent, and 
embraced a large territory over which Plymouth had, for many years, 
exercised exclusive jurisdiction. The boundary dispute, which there- 
upon sprang up between the two colonies, was suspended, but not 
settled, by the king's commissioners, who were sent to Nev/ England 



40 

in 1664, for the general purpose of inquiring into the state and condi- 
tion of the colonies, correcting abuses, and composing difficulties. 
Their doings, so far as they related to the conflicting territorial 
claims of Rhode-Island and Plymouth, amounted only to a temporary 
adjustment. (" until his majesty's pleasure be further known,") and 
were not intended, as is evident from their report and narrative, to be 
a final and permanent settlement of boundaries. The provincial 
government of Massachusetts succeeded the Plymouth Colony as a 
party to the dispute ; and, after several attempts to provide for a 
settlement of it had proved unsuccessful, a court of commissioners was 
appointed by the king " to settle the boundaries of Rhode-Island east- 
ward with the province of Massachusetts Bay." The judgment of the 
commissioners was, on appeal, affirmed by an order of the king in 
council. May 28th, 1746. It awarded to Rhode-Island a large and 
valuable territory, over which the colony of Plymouth and the prov- 
ince of Massachusetts Bay had exercised jurisdiction. Massachusetts 
was greatly dissatisfied with this decision. She, however, acquiesced 
in it; and while she complained of its injustice, she yielded obedience 
to it. A hundred years have passed away since this wrong, if it was 
a wrong, was done ; and for Massachusetts now to attempt, in the 
face of an adverse occupation, and an exercise of jurisdiction for a 
century, to reinstate herself in her ancient possessions, and to reclaim 
her ancient jurisdiction, upon the ground that she was despoiled of her 
territorial rights by the adjudication of the king's commissioners 
affirmed in 1746, would be, it is believed, however eloquently recom- 
mended in the ardor of patriotic feelings, a quixotic and hopeless 
undertaking. 

Commissioners were appointed by Rhode-Island " to run out the 
bounds of said colony eastward towards the province of the Massachu- 
setts Bay, agreeable to his majesty's royal determination in council, 
26th May, 1746." The Rhode-Island commissioners made report to 
the general assembly 6th January, 1746, (1747,) and their report was 
accepted. It appears from the report, that the Rhode-Island commis- 
sioners, not having been joined by any commissioners on the part of 
Massachusetts, proceeded ex-parte, and run and marked the line from 
Pawtucket Falls to the south line of Massachusetts, and also from 
Bullock's Neck to the ocean ; but the line from Bullock's Neck to 
Pawtucket Falls is not mentioned as having been run or marked. 

The line claimed by Rhode-Island, (and, for convenience, we 
will speak in the first place of the line from Bullock's Neck to the 
ocean,) which was perambulated by the present commissioners, and 
which is described in the agreement that accompanies this report, is 
.supposed to be the same line that was run by the Rhode-Island com- 
missioners, in I74G; but whether identical throughout with that line 
or not, it is perfectly clear, (as shown by such a variety of evidence 
and proofs as not to admit of a doubt,) th^t it is on ancient line, 
known and recognized as the boundary line between the two states, 
f )r a time beyond which the memory of man runneth not to the con- 
trary. Rhode-Island has immemoriaily claimed and exercised exclu- 
sive jurisdiction up to this line, and her claim, occupation and exercise 
of jurisdiction, have been acquiesced in by Massachusetts and her 
citizens, without interference or interrnption. It was " the line and 



41 

boundary actually enjoyed and possessed " by them, (Mass. and R. I.) 
" respectively," at the time Independence was declared, (July 4th, 
1776,) and is the line delineated on the state map of Massachusetts, 
as her state line — as the line of boundary between her and Rhode- 
Island — and has been uniformly so regarded by the authorities and 
officers of Massachusetts, of every description, whenever, in their 
official acts or proceedings, it became necessary to refer to, or ob- 
serve, the jurisdictional line of the state. 

It was not marked, it is true, by such conspicuous monuments as a 
state line should be ; it was, however, so designated that it could be 
traced without much difficulty, and was, generally speaking, familiar 
to the inhabitants of each state, who bordered on the line. 

It was virtually held by the supreme court of the United States, in 
the case of Rhode-Island vs. Massachusetts, 14 Peters's Reports, 210, 
that a possession of more than one hundred years, as pleaded by 
Massachusetts, (and no doubt a possession for a much shorter time 
would have been considered equally as effectual,) was, of itself, a 
good and sufficient defence ; and would be conclusive evidence that 
Rhode-Island had assented to the possession thus held, and had deter- 
mined to relinquish her claim. And in the same case. Justice Mc- 
Lean, remarking upon the influence of time, says, " that fraud, which 
vitiates all human transactions, cannot be reached when covered by 
great lapse of time." 

And the same learned judge afterwards, in delivering the opinion 
of the court, when the case was finally decided, uses this strong and 
emphatic language : 

" For the security of rights, whether of states or individuals, long 
possession, under a claim of title, is protected. And there is no con- 
troversy in which this great principle may be invoked with greater 
justice and propriety, than in a case of disputed boundarij." 

In deciding upon a question of boundary of public and general 
interest, ancient reputation and possession are entitled to great 
respect, and to infinitely more, it has been held, than any experimental 
surveys. I Greenleaf on Evidence, sec. 145, and the cases there 
cited. 

On a view of all the facts and circumstances connected with the 
section of line now under consideration ; and applying to them what 
the undersigned considered to be the well-established principles of 
law, — they, after much deliberation, came to the conclusion that 
they should be justified in agreeing to establish this reputed line as 
the true boundary line ; being also fully convinced that, unless the 
dispute was closed by a settlement on this basis, it would remain open, 
— the source of contention or protracted and expensive litigation, — 
until concluded by judicial decision. 

In the judgment of the undersicrned, the long and uninterrupted 
possession maintained by Rhode-Island, acquiesced in by Massachu- 
setts, gave to Rhode-Island rightful jurisdiction up to the reputed line. 
It was their opinion that whatever of error or wrong there had been in 
the commencement, had been done away by time ; that the line de 
facto had become the line de jure by the acquiescence or laches of 
Massachusetts; and that neither the commission of 1791, nor the 
proceedings under that commission, nor any variance, between the 
6 



42 

existing or reputed line and the line described in the judgment of the 
royal commissioners, could materially affect the case, or change the 
principle of decision. 

The proceedings of the commissioners of 1791, so far as they 
related to the line from Bullock's Neck to the ocean, left Massachu- 
setts and Rhode-Island in the same position in which they were before 
the commission was instituted. The possession and exercise of juris- 
diction by Rhode-Island, were not mterrupted nor curtailed. If 
Rhode-Island had encroached on the territory of Massachusetts, — 
Massachusetts, if she did not know it before, (and, by common care 
and diligence, she might have known it,) was then made acquainted 
with it. There was a tribunal open to her, to which she could have 
applied for redress. There was no agreement, either express or 
implied, making the settlement of this portion of the line in any way 
dependent on the settlement of the north line ; and if Massachusetts 
forbore to assert her rights, she must submit to the consequences of 
her own neglect. 

Long possession, under a claim of title, we are told by the highest 
judicial authority of our coxxnixy , will he protected; and the facts 
brino- the case, as it appears to the undersigned, if not within the 
letter, within the spirit, of the decision of the supreme court of the 
United States, in the case of the State of Rhode-Island vs. the State 
of Massachusetts. 

2. The line from Pawtucket Falls to Burnt Swamp Corner, as 
described in the aforesat! - -reement, conforms mainly and substan- 
tially to the line towhicli . ; ie-Island has immemorially claimed and 
exercised exclusive jurisuicuou. 

That line has not been varied, unless for the purpose of straighten- 
incT it, and that only where it could be done without producing much 
practical inconvenience; it being the object of the commissioners, 
throughout all their proceedings, in locating the line, to make as few 
changes of jurisdiction, and to disturb the existing relations of indi- 
viduals as little, as possible. The evidence that Rhode-Island has 
immemorially exercised jurisdiction to this line, need not be detailed ; 
it was abundant and conclusive as to the fact. The river at Paw- 
tucket Bridge, and for some distance above, is now, as will be seen 
by an inspection of the Massachusetts state map, and has been, for a 
time beyond the memory of man, the actual boundary betvveen the 
two states. Pawtucket Bridge was originally built at the joint expense 
of Massachusetts and Rhode-Island, but is now, and has been for a 
long time, maintained wholly by Rhode-Island. 

The line is described in the Rhode-Island charter, in the following 
manner : " and so from said falls in a straight line due north, until it 
meet with the aforesaid line of the Massachusetts Colony ; " and in the 
judgment or determination of the royal commissioners, it is thus 
described : " and runs from a certain point where a meridian line, 
passing through Pawtucket Falls, cuts the south boundary of the 
colony of Massachusetts, south to Pawtucket Falls." As far as can 
no>y be ascertained, the charter line does not coincide with the line 
established by the agreement whicii the undersigned concluded with 
the Rhode-Island commissioners. 

According to the statement of Mr. Borden, a due north line through 



43 

the falls would strike the westerly side of the river, not far above Paw- 
tucket Bridge, and include within the limits of Massachusetts a large 
population and a large amount of property. 

But this circumstance was not, in the judgment of the undersigned, 
of sufficient weight to require them to set aside a line, supported, not 
only by long possession under a claim of title, but by considerations of 
expediency and convenience. The Massachusetts commissioners, it 
will be observed, were authorized and empowered to settle the line 
from the ocean to Burnt Swamp Corner. Burnt Swamp Corner is 
designated on the Massachusetts state map, and has been expressly 
recognized by Massachusetts, as the north-east corner of Rhode- 
Island. It is not identical, however, with the point where a due north 
line through the falls will cut the south line of Massachusetts, but 
thirty-one and thirty-three hundredths rods to the east of it ; so that 
the Rhode-Island charter line cannot be run from, or to, Burnt 
Stcamp Corner. 

It will be proper to notice here, and in this connection, the com- 
mission of 1791, and the proceedings under it, which have been 
already alluded to. That commission was instituted at the instance of 
Rhode-Island. The great grievance of which Rhode-Island com- 
plained, was the location of the north-line ; and her object was, un- 
doubtedly, to change that location. The commissioners met at 
Wrentham, J7th August, 1791, and entered into an agreement which 
is set out in the printed petition of the inhabitants of Fall River to the 
legislature of this Commonwealth, March, 1847. (House — No. 93.) 
The commissioners " agree to begin to measure Charles River, and 
to measure off three miles from the most southerly part, as claimed by 
Rhode-Island, and described by a plan or draft made by Joseph Har- 
ris, one of the commissioners who run said line in 1750. Also, to run 
off three miles south from such waters as the commissioners of Massa- 
chusetts may assign as, in their opinion, to be the most southerly 
part of Charles River, making such monuments as may appear neces- 
sary ; and that the same be laid before the respective states, as the 
bounds which, accroding to our several opinions, ought to divide the 
same, agreeably to their respective charters; and we, being of different 
opinions, and therefore not able to settle the line, do also agree to 
recommend to said states, to submit the matter in dispute to indifferent 
men from the neighboring states, or to unite in an application to Con- 
gress to settle the same agreeably to the respective charters and the 
constitution of the United States. We, also, further agree to peram- 
bulate the line between the two states, and ascertain the bounds 
agreeably to the determination of king and council, so far as from 
Bullock's Point eastward, leaving the line from Pawtuckel Falls to be 
run and settled when the north line is settled, agreeably to the within 
or foregoing agreement." 

The course recommended by the commissioners was not taken by 
said states. It does not appear that they submitted the matter in 
dispute to arbitration, or united in an application to Congress to settle 
it. The controversy respecting the north line was settled by an 
adversary suit, in which both parties stood, and were obliged to stand, 
upon their respective rights, not as qualified by the agreement of 1791 , 
but independently of it. Massachusetts, in the outset, denied llie 



44 

jurisdiction of the court, and endeavored to defeat the suit on that 
ground ; and the final decision of the case did not turn on the con- 
struction " of the respective charters," according to the agreement of 
1791 ; but mainly on the agreements of 1711, and 1718, and long pos- 
session. If Massachusetis could avail herself, in defence, as she did, 
of all the advantages she could have claimed, on the ground of pos- 
session, had the commission of 1791 never existed ; so can Rhode- 
Island, with equal reason, vi'hen the situation of the parties is reversed, 
and she is put on her defence. Possession was not waived on either 
side ; nor were its legal effect and operation suspended. 

The recommendatory provision in the agreement of 1791, was a 
mere nullity, as it was not adopted and acted upon by the states ; 
and having wholly failed as to the north line, which was the principal 
subject, it failed, also, as to the line from Pawtucket Falls, which 
was the subordinate and dependent subject. 

Another argument against changing the line to the westerly side of 
the river, the undersigned will suggest as worthy of some considera- 
tion. If we carry the line to the west of the river, we break into a 
dense population, and bring into Massachusetts a fragment of a settle- 
ment which has grown up, and where money has been largely invested 
for manufacturing and other purposes, and great improvements made, 
luuur the actual and long-maintained jurisdiction of Rhode-Island. 
The lull effect of such a change, no one can foresee, or calculate. It 
is obvious, however, that so great an innovation cannot be effected, 
without causing much inconvenience and dissatisfaction to those who 
shall thus be made the unwilling subjects of a new jurisdiction. 

3. The undersigned will now proceed to state the facts and circum- 
stances connected particularly with the line from Bullock's Neck to 
Pawtucket Falls, — so far as may serve to show the true state of the ques- 
tion, in relation to this part of the subject. In 1844, a petition, signed by 
Church Gray and others, was presented to the legislature of this Com- 
monwealth ; stating, in substance, that Rhode-Island claimed and 
exercised jurisdiction over the " whole waters " of the Narragansett 
Bay and Seekonk River, from Bullock's Neck to Pawtucket Falls; 
and that, in 1793, two tol!-bridges,the Washington and the Central, had 
been built, and were maintained, across the said river, under charters 
granted by Rhode-Island, when, in fact, one-half of said waters" were 
within the territorial limits of this Commonwealth ; and further 
stating, that by the legislation of Rhode-Island, all persons, excepting 
inhabitants of that state, were excluded from the oyster fishery in the 
aforesaid waters; — all which, it was alleged, was in violation of the 
rights, and injurious to the interests, of the petitioners, and of this 
Commonwealth. 

Upon this petition, a resolve was passed, (February, 1844,) provid- 
ing for the appointment of commissioners to ascertain and settle, in 
conjunction with commissioners on the part of Rhode-Island, the true 
boundary line between the said states within the aforesaid limits. 
Commissioners were appointed, whose powers were, by a subsequent 
resolve, (January, 1845,) extended to a settlement of the whole line 
between the two states, from the Atlantic, north and northerly, to 
Burnt Swamp Corner. 

The claim sei up by the petitioners is, that Massachusetts extends 



45 

as far west as the middle of the channel of the Seekonk, &lc. The 
grant to William Bradford and his associates was, (speaking in gen- 
eral terms,) of all the territory lying within Cohasset River towards 
the north, and the Narragansett River towards the south, and the 
great western ocean towards the east, and extending west to the 
utmost limits of the Pokenacutt, or Sowamsett country, " with one 
half of the said rivers, Narragansett and Cohassett." 

In 1663, Rhode-Island obtained a royal charter, the bounds of which, 
so far as they concern the line in question, are thus described : " and 
extending towards the east or eastwardly, three English miles, to the 
east and north-east of the most eastern and north-eastern parts of the 
aforesaid Narragansett Bay, as the said bay lyeth and extendeth 
itself from the ocean on the south or southwardly, i(/ito the mouth of 
the river which runneth towards the town of Providence ; and from 
tliencc along the eastwardly side or bank of the said river, (Itiglie)- 
called by tJie name of Seactmck,) up to the Falls called Paivtucket 
Falls : being the most u-esticardly line of Plymouth colony.'''' 

By the express terms of the charter, Rhode-Island is bounded by 
the easterly side or bank of the river ; and the same is declared to be 
the most westwardly line of Plymouth Colony. If Plymouth Colony 
claimed, at that time, to the middle of the channel of the river, it was 
evidently the intention of the Rhode-Island charter to restrict her to 
the easterly side or bank of the river. If, then, the grant to William 
Bradford and his associates extended to the centre of the channel of 
the river, either on the ground that the Pocanoket country extended 
thus far, or on the ground that the Narragansett River, mentioned in 
the Plymouth charter, was the Seekonk River, &c., or included it, 
there would be, it is seen, a clashing of the charters ; and the question 
would be, which should give way ? The Plymouth charter, being 
first in time, would, if of equal authority, take precedence ; but not 
having received royal confirmation, which, according to the legal 
doctrine of that day, was necessary to give it validity, it could not 
avail against the king's charter, but would be postponed, and made 
subordinate to it. And such appear to have been the principles 
adopted and acted upon by the king's commissioners, in their adjudi- 
cation. Their object being to give full effect to the Rhode-Island 
charter, the whole case was put upon the construction of that instru- 
ment ; but it will be observed that it is stated, at the same time, in their 
determination and judgment, " that there was not any one evidence, 
proving that the water between the main land on the east, and Rhode- 
Island on the west, was ever, at any time, called Narragansett River ; 
and also, that no evidence had been produced of the extent ol" the 
Pavvconoket country to Seaconk, or Pawtucket River." 

The decision of the king's commis.-ioners may have been unjust to 
Massachusetts. The opinion which the present Massachusetts com- 
missioners entertained of it was expressed in their report, which has 
already been referred to ; and that opinion the undersigned have no 
wish to retract or qualify. But, however partial and unjust the 
decision, it should be recollected tliat the court of commissioners wao 
the tribunal to which the parties, (the provincial government of Massa- 
chusetts and the colonial government of Rhode-Island,) submitted 
themselves. A decision was made after a full hearing; both partie- 



46 

appealed ; by an order of the king in council, the judgment was wholly 
aflirmed ;' both parties acquiesced; and, for more than half a century, 
Rhode-Island hai, by acts open and notorious, claimed and exercised 
jurisdiction over the whole waters of the Seekonk, &c., (see the peti- 
tion of Church Gray and others, and the other Seekonk petitions,) and 
durincr all th's time, not one single note of remonstrance — not one 
word of complaint — is heard from Massachusetts. 

In view of all these facts and circumstances, the undersigned were 
brought to the conclusion, that the ground taken in the said petitions, 

that the jurisdictional line of Massachusetts extends to the centre 

of the channel of the river, &c., — was untenable. They therefore 
did not insist upon it, not thinking that their duty required them to 
press a claim, as a matter of right, which they themselves did not 
believe could be supported. If, then, the territorial limits of Massachu- 
setts do not extend to the middle of the channel of the river, another 
question arises, perhaps of minor importance, but entitled, as the under- 
signed thought, to some consideration : — Is the true boundary line 
between the said states, from Bullock's Neck to Pawtucket Falls, high 
or low-water mark? The river is a navigable river. The line, as 
described in the Rhode-Island charter, "is along t/te eastioardly side 
or hank of said river, t^c, heing tlvc most ivestivardhj Ibvi of Plymouth 
Colony ; " as described in the judgment of the court of commissioners, 
it is " dloitg tJie easttvard side of SecJconk River, ^c." Though 
some of the words used in the charter description are omitted in the 
judgment, the intention of the court of commissioners unquestionably 
was to establish the charter line, and, in describing it, to use language 
equivalent to that of the charter. The question, — as one of construc- 
tion, to be settled by a reasonable exposition of the Rhode-Island char- 
ter, and of the determination or judgment of the court of commis- 
sioners, — was not, in the minds of the undersigned, entirely free from 
doubt and difficulty ; but, from the best consideration they could give 
the subject, they were of opinion, that Plymouth Colony was, in effect, 
bounded westwardly by the easterly bank or shore of the river, and, 
being so bounded, could not extend any further westwardly than to 
high-water mark, and that the whole river, to high-water mark, was 
included within the jurisdictional limits of Rhode-Island, by the 
terms of her charter and the judgment of the court of commissioners. 
This construction, it appears to the undersigned, is entirely consistent 
with the rule recognized in the case of Handley's Lessee vs. Anthony, 
(.5 Wheat Rep. 374,) and as stated in 3 Kent's Comrn. 348, and is 
also supported, in some measure at least, by long usage or practical 
construction, so far as shown in the erection and keeping up the two 
toll-bridges, as before-mentioned. Much other evidence, bearino- on 
this point, was adduced, on the one side and the other, which was, 
however, in the estimation of the undersigned, of no great weight, 
and very nearly balanced. 

By a provision in the agiecnieut whic;h accompanies this report, the 
rights of the owners or occupants of lands bordering on the river, on 
tlie easterly side thereof, in the shores, &c., are to remain unimpaired, 
Mnd the said owners and occupants are to enjoy the rights of fishery in 
said river. 



47 

The whole agreement is made in express terms, subject to the rati- 
fication of the fegislatures of said states respectively. 

The line from Bullock's Neck to Pawtucket Fails has been dwelt 
upon longer than was. perhaps, necessary ; but it is to be considered 
that more than an ordinary degree of importance has been attached to 
this part of the line. It was Imc, that the present dispute origmated ; 
and to the supposed encroachments of Rhode-Island on the waters of 
the " Seekonk River and Narragansett Bay," the attention of the 
legislature of Massachusetts has been earnestly invoked again and 

atrain. , u • u 

The undersigned forbear all comment upon the measures which 
have been resorted to for the purpose of influencing public opinion 
upon the subject of this " boundary dispute," and of frustrating 
thereby, if possible, the settlement of the line, as agreed upon by the 

commissioners. . , , . , 

Conscious of the rectitude of their intentions, the undersigned 
cheerfully submit themselves, and their doings in the premises, to 
the judcrment of the legitimate guardians of the rights and interests 
of the Commonwealth, freely acknowledging, at the same time, heir 
responsibility to that tribunal for a faithful discharge of the trust 
reposed in them. ^^^^ BAYLIES, 

MYRON LAWRENCE, 

Commissioners of Massachusetts. 

Boston, Jan. 13, 1848. 



MiDDLEBORo', December 25th, 1847. 

Hon. StepheJi Branch : , , a on.i • . 

Sir— Yesterday, I received a letter from you, dated the 2Cth inst., 
containing the following interrogatories viz: 

Fint—^' Have you been employed by the commissioners of the 
states of Massachusetts and Rhode-Island, to survey the line between 
said states from the northwest corner of the state ol Rhode-Is land a 
the Connecticut line, to the northaest corner of Rhode-Island at 
a place called Burnt Swamp corner, and from Burnt Swamp corner to 

the Atlantic ocean? , , i .. .u^ 

Second-'^ How many monuments or bounds have been put on the 

whole line from the northwest corner of Rhode-Island to the Atlantic 

'*'' rLrZ— " Will vou please to state as near as you can how much 
the agreements of the present commissioners have varied or change, 
territory from the reputed or jurisdictional line from the norlhuest 
corner if Rhode-Isla'nd to a place called Burnt Swamp -rner from 
Burnt Swamp corner to Bullock's Neck ; from bullock s Neck o 
Munroe'scorier; from Munroe's corner to King's ^ >c!;' f «'^ /^"^^^^ 
Rock to a point below Fall River ; from ^^"^ l^"^ ^f.^.f^f „^' ,'a 
to the ancrleonthe east side of Watupper pond ; from the last named 
angle to the bound near Joe Sanford's ; and from the last named bound 
tolhe peaked rock near Quicksand pond and the ocean shoie ? 
'^F^J^t'An^ will you oblige me by taking all the terntory so 
changed or varied from the reputed line between said state., by the 



late agreement of the commissioners, and strike the balance so as to 
inform me which of said states is the gainer of territory by the late 
settlement of the boundary line 1" 

In answer to the foregoing interrogatories, I have to state — First, 
that I have been employed by the commissioners of both states to sur- 
vey the line between said states throughout its whole extent, from the 
northwest corner of Rhode-Island to the ocean. 

Second, that we have erected between eighty and ninety monuments 
as follows, viz : between Connecticut corner and Burnt Swamp cor- 
ner, including the corner monuments, twenty-nine ; — between Burnt 
Swamp corner and Blackstone river at Valley Falls, thirteen — and 
two upon Pawtucket Bridge, one at Central Bridge and one at India 
Point Bridge, between Bullock's Neck and the angle at Munroe's, 
including the monuments at the termine of the line, five; — between the 
angle at Munroe's and the angle near King's rock, including the monu- 
ments at said angle, eight ; — between the angle near King's rock and 
the shore at Toweset Neck, four ; — between Toweset Neck and Fall 
River, no monuments have been erected ; — between the shore at Fall 
River and the angle at Ralph's Neck on the east of Watupper pond, 
including the monument at said angle, twelve ; — between Ralph's 
Neck and the angle at Joe Sanford's, five ; — between Joe Sanford's 
and the ocean near Quicksand pond, four. 

Third, — As it respects the change of territory, I would state, that 
between the northwest corner of Rhode-Island and Burnt Swamp cor- 
ner, the original line was very crooked ; the line we run crossed it a 
number of times ; there was, however, but little land taken from 
Massachusetts to Rhode-Island ; the area of land taken from Rhode- 
Island to Massachusetts, is much the greatest ; in several places the 
lines varied from each other near forty rods, and in every instance the 
large variations were in fsvor of Massachusetts. That between the 
Burnt Swamp corner and Blackstone river near Valley Falls, R. Island 
obtains an advantage of lands from Massachusetts. This line was also 
somewhat crooked ; we however only crossed it once, and was rarely, 
if ever, more than ten or fifteen rods distant from it. From Valley 
Falls to Bullock's Neck there has been no change, the east bank 
of the river having always been considered the boundary. 

That between Bullock's neck and Munroe's corner, the change of 
territory is hardly worth naming : — there is, however, one house which 
has been considered in Massachusetts, is now by the new line, set off 
to Rhode-Island. 

That between the angle at Munroe's and the angle near King's 
rock, I am not aware of any change ol territory ; if there has been 
any, its importance cannot be great. 

That between the angle near King's rock and the shore at Toweset 
Neck, the change of territory is very small and of little importance. 
From the shore at Toweset to Fall River, the boundary remains the 
same. 

That between the shore at Fall River and the angle at Ralph's 
Neck on the east of the Watupper pond^ the change is very small. In 
fact, I do not think any change has taken place, with the exception 
of two dwelling houses in the village (of modern date) which have 



49 

beea t:ixed as M issichuseits, are by tha present line set off to Rhode- 
Island, 

That between the angle at Ralph's Neck and the Joe Sanford 
angle, Massachusetts obtains a strip of land variable in width, and 
is about thirty rods wide in its widest place. 

That between the Joe Sanford angle and the ocean, the monu- 
ments have been so set as to leave the line nearly as formerly consid- 
ered. 

Fourth — It cannot be expected that I can answer this interroo-atory 
with any nice degree of accuracy, as no field measurements hive been 
taken for that purpose: -but I hesitate not to say that in my opinion 
five acres have been added to Massachusetts for one to Rhode-Island 
by the present agreement of the Commissioners : and that the whole 
territory changed, is of but small importance to either state. 
With much respect, your humble servant, 

SIMEON BORDEN. 

P. S. I am indebted to Mr. J. R. Hodges, for some of the facts 
stated above. S. B. 



Boston, January 13th, 1848. 

HON. MYRON LAWRENCE, CHAIRMAN OP THE RHODE-ISLAND BOUNDARY 
COMMISSIONERS ON THE PART OF MASSACHUSETTS : 

Sir : — I have this morning received a letter from you, containino- 
the following interrogatories, viz. : 

First. — Have you been employed, by the commissioners of the 
states of Rhode-Island and Massachusetts, to survey the line between 
said states, from the north-west corner of the state of Rhode-Island, 
at the Connecticut line, to the north-east corner of Rhode-Island, at 
a place called Burnt Swamp Corner, and from Burnt Swamp Corner 
to the Atlantic ocean ?" 

Seco7ul. — "Was the survey by the Rhode-Island commissioners, 
in 1746, under the circumstances in which it was made, in your 
opinion, faithful or fraudulent?" 

Third. — " Will you please to state, as near as you can, how much 
the agreements of the present commissioners have varied or chanored 
territory from the reputed or jurisdictional line, from the nortli-west 
corner of Rhode-Island to a place called Burnt Swamp Corner ; from 
Burnt Swamp Corner to Bullock's Neck; from Bullock's Neck to 
Munroe's Corner ; from Munroe's Corner to King's Rock ; from 
King's Rock to a point below Fall River ; from said point below Fall 
River to the angle on the east side of Wattuppa Pond ; from the last- 
named angle to the bound near Joe Sandford's ; and from the last- 
named bound to the ' Peaked Rock ' near Quicksand Pond, and the 
ocean shore ? " 

Fourth. — "Will you oblige me by taking all the territory, so 
changed or varied from the reputed line between said states, by the 
late agreement of the commissioners, and strike the balance, so as to 
inform me which of said states is the gainer of territory, by the late 
settlem^^nt of the boundary line? " 



50 

Fifth. — "Was it practicable to run the line due north, from Paw- 
tucket Falls to Burnt Swamp Corner ?" 

In answer to the foregoing interrogatories, I have to state : — 

First. — That I have been employed, by the commissioners of both 
states, to survey the line between said states, throughout its whole 
extent, from the north-west corner of Rhode-Island to the ocean. 

Second. — That from an examination of their whole work, I am of 
opinion that no fraud was intended by the Rhode-Island surveyors in 
1746. The lines which they run, and were based upon lines which 
the surface of the country afforded facility for accurate measurements, 
appear to have been done with about the same care and skill that was 
practised, at that time, in measuring and dividing lands betweew 
individuals. The lines from Burnt Swamp Corner to the shore, at 
Toweset, are of that character. In their measurement, east from the 
shore, south of Fall River, they come to the western edge of the Wat- 
tuppa Pond, at somewhere about nine hundred rods ; there would then 
be wanting about sixty rods additional, to complete the length of the 
line, which could not be readily measured. Thus situated, I presume 
they passed to the east side of the pond, at Ralph's Neck, and marked 
the first substantial tree they met in the range, for a corner. Then, 
in running their line from this point to the Joe Sandford angle, they 
must have been guided in their course by the map made under the 
direction of the royal commissioners ; and as they started from a point 
too far east, their whole line, of course, would be too lar east. The 
same reasoning will apply to the remainder of the line, viz. : from the 
Joe Sandford angle to the seashore. 

Having thus run thes( hues through what was then nearly a value- 
less tract of country, and the labor and expense necessary to correct 
said lines would be equal, in amount, to a considerable portion of the 
value of the country between the line run and a correct line, their 
marks were suffered to remain, and have been considered the bound- 
ary between the states ever since. 

Third. — As it respects the change of territory, I would state : — 
That between the north-west corner of Rhode-Island and Burnt 
Swamp Corner, the original line was very crooked, — the line we run 
crossed it a number of times. There was, however, but little land 
taken from Massachusetts to Rhode-Island ; the area of land taken 
from Rhode-Island to Massachusetts is much the greatest. In several 
places the lines varied from each other nearly forty rods, and, in every 
instance, the large variations were in favor of Massachusetts. 

That, between the Burnt Swamp Corner and Blackstone River, 
near Central Falls, Rhode-Island obtains an advantage of lands from 
Massachusetts. This line was also somewhat crooked ; we, however, 
only crossed it once, and were rarely, if ever, more than ten or fifteen 
rods distant from it. From Pawtucket Falls to Bullock's Neck, there 
has been no change, the east bank of the river having always been 
considered the boundary. 1 hat between Bullock's Neck and Mun- 
roe's corner, the change of territory is hardly worth naming. There 
is, however, one house, which has been considered in Massachusetts, 
that is now, by the new line, set of! to Rhode-Island. That between 
the angle at Munroe's and the angle near King's Rock, I am not 
aware of any change of territory : if there has been any, its import- 



aijice cannot be great. That, between the angle near King's Rock, 
and the shore, at Toweset Neck, the change of territory is very small, 
and of little importance. From the shore, at Toweset, to Fall River, 
the boundary remains the same. That between the shore at Fall 
River, and the angle at Ralph's Neck, on the east of the Watuppa 
Pond, the change is very small ; in fact, I do not think any change 
has taken place, with the exception of two dwelling-houses in the 
village, (of modern date,) which have been taxed in Massachusetts, 
are, by the present line, set off to Rhode-Island. That between the 
angle at Ralph's Neck and the Joe Sandford angle, Massachusetts 
obtains a strip of land, variable in width, and is about thirty rods wide 
in its widest place. That, between the Joe Sandford angle and the 
ocean, the monuments have been so set as to leave the line nearly as 
formerly considered. 

Fourth. — It cannot be expected that I can answer this interroga- 
tory with any nice degree of accuracy, as bo field measurements had 
been taken for that purpose ; but I hesitate not to say that, in my 
opinion, five acres have been added to Massachusetts for one to 
Rhode-Island, by the present agreement of the commissioners, and 
•that the whole territory changed is of but small importance to either 
state. 

Fifth. — It is not practicable to run a line due north from Paw- 
tucket Falls to Burnt Swamp Corner, for the plain reason, that these 
two points are situated in different degrees of longitude. 

The resolves of the legislature requiring the survey to begin, or 
«nd, at Burnt Swamp Corner, it was, therefore, deemed advisable to 
commence our operations by running a due south line from said 
corner to the Blackstone River, and this line, as heretofore stated, 
■does not vary materially from the ancient line. 
With great respect, 

Your humble servant, 

SIMEON BORDEN. 



DEPOSITION OF LEWIS KENYON. 

I, Lewis Kenyon, of Providence, in the county of Providence, of 
lawful age, and engaged according to law, depose and say. 
Questions by the Mayor. 

Have you been the keeper of the toll bridge at India Point? 

AnstDcr. — I kept the gate from November, 1835, to June, 1841. 

■Question, — Where did you vote? 

Answer. —In the Third Ward in Providence. 

Question. — Did you consider your residence in this state? 

Aiiswer. — Yes. 

Question. — Do you know whether any writs have been served on 
the east side of the river? 

Answer. — When I kept the gate, Mr. Gould and Mr. -Clapp arrest- 
ed a man on a writ, abreast of the toll house ; I think the ofiicers 
were Gould and Clapp, but I may be mistaken in the names. 

LEWIS KENYON. 

Providence, sc. — Providence, this 12th day of September, A. D. 
1846, personally appealed Lewis Kenyon, and after being carefully 



52 

examined, cautioned and sworn to testify the truth, the whole truth, 
and nothing but the truth, gave the preceding deposition ; which was 
by me, in his presence, reduced to writing and by him subscribed in 
my presence. Taken at the request of the Mayor of Providence, to be 
used before the commissioners to adjust the boundary line between 
Rhode-Island and Massachusetts. Before me, 

HENRY L. BOWEN, Justice Peace. 



DEPOSITITION OF SYLVESTER HARTSHORN. 

I, Sylvester Hartshorn, of Providence, in the county of Providence 
and state of Rhode-Island, of lawful age, and engaged according to 
law, depose and say. 

Questions by the Mayor. 

Have you ever been a Deputy Sheriff in the county of Providence? 

Answer. — I was a Deputy Sheriff from the year 1818 to 1830. 

Question. — Did you make service of a v rit upon a defendant on 
the easterly side of Seekonk river, near the toll house? 

Answer. — I had a writ in my hands for service against a man who 
was in the vicinity of the toll house, and I went over there and made 
service of the same. My impression is, that the man was at the shed 
atiiiciad to the east end of the toll house. 

SYLVESTER HARTSHORN. 

Providence , sc. — In Providence, this 19th day of September, A. D. 
1846, personally appeared Sylvester Hartshorn, and after being care- 
fully examined, cautioned and sworn to testify the truth, the whole 
truth, and nothing but the truth, gave the preceding deposition; which 
was by me, in his presence, reduced to writing, and by him subscrib- 
ed in my presence. Taken at the request of the Mayor of Provi- 
dence, to be used before the commissioners appointed to adjust the 
boundary line between Rhode-Island and Massachusetts. Before me, 

HENRY L. BOWEN, Justice Peace. 



DEPOSITION OF JACOB C. GOULD. 

I, Jacob C. Gould, of Providence, in the county of Providence and 
state of Rhode-Island, of lawful age, and engaged according to law, 
depose and say. 

Questions by the Blayor. 

Were you a Deputy Sheriff, in the county of Prnvidence, in the 
years 1835-1886, and if so, did you make service of a writ against 
George W. Dixon, on the easterly side of Seekonk river? 

Answer. — I was a Deputy Sherifl' in those yeais, and I made ser- 
vice of a writ against Dixon. When the service was made, Mr. Dix- 
on was about three feet from the doer of the toll house. According 
to the best of my recollection, at or about that time, I made service 
of another writ against another defendant, whose name 1 do not recol- 
lect. 

Question. — Have you attended Coroners' Inquests on the Seekonk 
shore? 



53 

Answer. — I have frequently summoned Jurors to attend such In- 
quests and have always received my pay for the services from the city 
of Providence. JACOB C. GOULD. 

Providence, sc. — In Providence this 21st day of September, A. D. 
1846, personally came Jacob C. Gould, and after being carefully 
examined, cautioned and sworn to testify the truth, the whole truth 
and nothing but the truth, gave the preceding deposition which was 
by me in his presence, reduced to writing, and by him subscribed in 
my presence. Taken at the request of the Mayor of Providence, to 
be used before the commissioners appointed to adjust the boundary 
line between Rhode-Island and Massachusetts. Before me, 

HENRY L. BOWEN, Justice Peace. 



DEPOSITION OF WILLIAM GROSVENOR. 

I, William Grosvenor, of Providence, in the county of Providence 
and state of Rhode-Island, of lawful age, and engaged according to 
law, depose and say, 

My wife, as one of the heirs of James B. Mason, has been assessed 
for taxes upon property connected with the Washington Bridge, for 
several years, and the tax has been presented to me for payment. I 
have invariably refused to pay it on the ground that the property 
was situated in Rhode-Island, and not in Massachusetts, and no tax in 
any year within my knowledge has been paid on any of said property. 

WILLIAM GROSVENOR. 

Providence, sc. — In Providence, this 18th day of September, A. D, 
1840, personally appeared William Grosvenor, and after being care- 
fully examined, cautioned and sworn to testify the truth, the whole 
truth and nothing but the truth, gave the preceding deposition; which 
was by me, in his presence, reduced to writing, and by him subcsrib- 
ed in my presence. Taken at the request of the Mayor of Providence, 
to be used before the commissioners appointed to adjust the boundary 
line between Rhode-Island and Massachusetts. Before me, 

HENRY L. BOWEN, Justice Peace. 



DEPOSITION OF ALPHEUS BILLINGS. 

I, Alpheus Billings, of Providence, in the county of Providence 
and state of Rhode-Island, of lawful age and engaged according to 
law, depose and say. 

Questions by the Mayor. 

Have you been a coroner in the town of Providence, and if so, dur- 
ing what years ? 

Ansioer. — In the year 1836. 

Question. — Did you ever hold any inques^t upon any body found 
on the easterly shore of Seekonk River ? 

A^isiver. — I have in one case only within my knowledge ; ami tin- 
jurors of course were taken from Providence. 

Questto)!. — Did you understand it to be your duty to hold in<(uests 
on that side of the river, 



64 

Answer Always. I never heard it disputed or questioned 

before. ALPHEUS BILLINGS. 

rrovideme, sc. — ln Providence, this I2th day of August, A. D., 
1846. Then Alpheus Billings personally appeared, and after being 
carefully examined, cautioned and sworn to testify the truth, the 
whole truth, and nothing but the truth, gave the preceding deposition ; 
which was by me reduced to writing, in his presence, and by him 
subscribed in my presence. Taken at the request of the Mayor of the 
city of Providence to be used before the Commissioners appointed to 
mark out the boundary line between Rhode-Island and Massachu- 
setts. Before me, 

HENRY L. BOWEN, Justice Peace. 



DEPOSITION OF ROBERT KNIGHT. 

I, Robert Knight, of Providence, in the county of Providence and 
State of Rhode-Island, and of lawful age, and engaged according to 
law, depose and say. 

Questions by tiie Mayor. 

Have you been a coroner in the Town of Providence, and if so, 
during what years? 

Answer. — I have been coroner most of the time from 1823 to this 
date. 

Question. — Did you ever hold any inquest upon any body found 
on the easterly shore of the Seekonk River 1 

Answer. — I have held inquests on that shore from ten to twenty 
times, perhaps more, extending from Bullock's Neck to Moses 
Brown's Bridge. Among others, I find there, by memorandum, 
January 24th, 1836, John Magrew, near India Bridge, on the easterly 
side below high-water mark ; July 8th, 1838, man unknown, near 
Bullock's Neck ; April 29th, 1839, man unknown, at Kettle Point ; 
April 6th, 1840, person unknown. Kettle Point ; several others I 
remember, but the dates and names I do not recollect. In all cases, 
the Jurors were taken from the city in carriages, and the city paid 
the expenses. 

Question. — Did you understand that your predecessor in office 
held inquests on that shore 1 

Answer. — I received no instructions from my predecessor in office. 
The first time I was called there was some twenty years ago, and I 
went at that time under the advice of Richard Jackson and Samuel 
W. Bridgham. ROBERT KNIGHT. 

Providence^ sc. — In Providence, this 12th day of August, A. D. 
1846. Personally appeared Robert Knight, subscriber to the pre- 
ceding deposition, and after being carefully examined, cautioned and 
sworn to testify the truth, the whole truth, and nothing but the truth, 
gave the preceding deposition, which was by me in his presence 
reduced to writing, and by him subscribed in my presence. Taken 
at the request of the Mayor of the city of Providence, to be used 



b6 

before the commissioners appointed to mark out the boundary between 
Rhode-Island and Massachusetts. Before me, 

- ■ " * HENRY L. BO WEN, Justice Peace. 



DEPOSITION OP WALKER HUMPHRY. 

I, Walker Humphry, of Providence, in the county of Providence 
and State of Rhode-Island, of lawful age, engaged according to law, 
depose and say. 

Questions by the Mayor. 

Have you been an assessor of taxes in the city of Providence ? 

Ansiver. — I was appointed some fifteen years ago, and have held 
the office most of the time since then. 

Question. — Have you been in the habit of assessing upon Central, 
Washington, and the Rail-Road Bridges 1 

Ansiver. — Yes. 

Question. — Was any question ever made as to whether such 
Bridges should be assessed or not 1 

Answer. — No. 

Question. — Have you ever assessed any property on the easterly 
side of Seekonk River, as it now is ? If so, mention the property. 

Answer. — I have. In 1843 we were appointed to make a special 
assessment of all property in the city. We assessed $3000 on the 
wood-house and engine-house (both of them on the east side of the 
river,) belonging to the Rail-Road Company. 

WALKER HUMPHRY. 

Providence, sc. — In Providence, this 21st day of August, A. D. 1846, 
personally came Walker Humphry, and after being carefully ex- 
amined, cautioned and sworn to testify the truth, the whole truth, and 
nothing but the truth, gave the preceding deposition, which was by 
me in his presence reduced to writing, and by him subscribed in my 
presence. Taken at the request of the Mayor of the city of Providence, 
to be used before the Comissioners appointed to adjust the boundary 
line between Rhode-Island and Massachusetts. Before me, 

HENRY L. BOWEN, Justice Peace. 



DEPOSITION OF GEORGE W. HALL. 

I, George W. Hall, of Providence, in the county of Providence 
and State of Rhode-Island^ of lawful age, and engaged according to 
law, depose and say. 

Questions by tJve Mayor. 

Do you know who is the Toll-keeper at Washington Bridge, and 
where does he live ? 

Ansioer. — His name is Benjamin J. Brown, and he lives in the 
Toll House on the easterly side of the river. 

Question. — Have you known him to vote in this city ? 

Ansiver. — He voted in 1844-1845. I then had tlie records. The 
records in 1846 I have not. In those years Mr. Brown voted, and 
also his sou, who lived in the same house. 



66 

Question. — Have you been appointed to take the census of the 
Third Ward in this city ? and if so, was Mr. Brown's family 
included? 

Ansiver. — I was appointed, and took Mr. Brown's family ; it was 
in 1845. GEORGE W. HALL. 

Provideme^ sc. — In Providence, this 22d day of August, A. D. 
1846, personally appeared George W. Hall, and after being carefully 
examined, cautioned, and sworn to testify the truth, the whole 
truth, and nothing but the truth, gave the preceding deposition, 
which was by me reduced to writing in his presence, and by 
him subscribed in my presence. Taken at the request of the Mayor 
of the city of Providence, to be used before the commissioners ap- 
pointed to adjust the boundary line between Rhode-Island and Mas- 
sachusetts. Before me, 

HENRY L. BOWEN, Justice Peace. 



AFFIDAVIT OF STEPHEN SANFORD. 

I, Stephen Sanford, of Tiverton, upon solemn oath, do testify and 
say, that I am now in the seventy-seventh year of my age, and that 
from a very early period of my life 1 have been acquainted with the 
reputed line between the towns of Tiverton and Fall River, and that 
I have always understood that a whiteish stone in the wall on the Old 
Bedford Road which runs north from the Toll House near the Fall 
River turn, was in the line. I have heard my father say when I was a 
boy, that this stone was iji the line ; I have also heard other old 
people state that this stone was in the line. I also recollect of a tree 
which used to stand in the line on the west side of the pond : the 
tree has rotted down, but I think that the stump is yet visible. I 
think I can find the place where the tree stood at this time. 

STEPHEN SANFORD. 

Neioport, sc. Tiverton, Sept. 23rd, 1846. 

Then appeared Stephen Sanford, and made oath to the truth of 
the statement by him subscribed. Before me, 

WM. P. SHEFFIELD, Justice of the Peace. 



AFFIDAVIT OF EDMUND ESTES. 

I, Edmund Estes, of Tiverton, upon my oath do testify and say, 
tliat I am now seventy-eight years of age, and that from the time of 
my earliest recollection I have been acquainted with the reputed line 
between the Towns of Tiverton and Fall River, and have always 
understood that the Buttonwood tree at the north-west corner of 
Benjamin Manchester's house, stood in the line. I have also under- 
stood that there was a mark upon a rock which lay upon lands for- 
merly owned by Simeon Borden, in the vicinity of the wind-mill 
owned by Nnthaniel B. Borden. I have seen the rock and the mark 
upon It, but could not say that I could find the rock at this time. 
'J'hat rock was in the line and near the junction of the E\<r\n Rod 
Way and thc^ line. EDMUND ESTES. 



57 

Newport, sc. Tiverton, Sept. 24th. 184G. 

Then came Edmund Estes, and made solemn oath to the truth of 
the afore-written statement, by him subscribed. Before me, 

WM. P. SHEFFIELD, Justice of the Peace. 



Collector's Office City Tax, } 

Providence, Aug. 24th, 1846. \ 
I certify that I was appointed Collector of City Taxes in June, 
Eighteen Hundred and Thirty-nine, and that since that time all 
Taxes assessed in the estate of the Boston and Providence Rail-lload 
and Transportation Company, all Taxes assessed on the Proprietors 
of India Bridtre, and all Taxes assessed on the Proprietors of Central 
Bridge, have been paid up to this date. 

JAMES MUMFORD, Collector City Taxes. 



CiTV Clerk's Office, \ 
Providence, Aug. 24th, 1846. 5 
I hereby certify that Benjamin J. Brown, Toll-keeper at India 
Bridge, was registered in this office, and paid a Registry Tax in 
December, 1842, and he has continued to pay said Registry Tax 
from that time to this, as appears by record in this office, and is on 
the voting list for General Officers the present year. 

ALBERT PABODIE, City Clerk. 



AFFIDAVIT OF AKRAHAM BORDEN. 

I, Abraham Borden, of Tiverton, upon my oath do testify and say 
that I am now in the fifty-sixth year of my age, that I have always 
lived within forty rods of the line, between Tiverton and Westport ; 
for forty-six years I have lived within four rods of said line, and that 
the Gersham Wordell house, by the guide-board on the Bedford 
Road, was always considered to be in the line, and from that house 
it ran southerly, and passed through my cider house, which stands to 
the eastward of my dwelling-house. I recollect at one time that the 
sheriff from Massachusetts came after a man, to serve a process on 
him, for a $9000 debt, and the man got into the west part of the 
cider-house, which was in Rhode-Island, and the sheriff from Massa- 
chusetts dare not take the man because he was in Rhode-Island. I 
have always understood that the line runs through the house occu- 
pied by Cornelius Seabury, Jun. My uncle, Philip Sisson, used to 
live in that house. I have often heard old people say that these 
points were in the line. ABRAHAM BORDEN. 

Neicport, sc. Tiverton, Sept. 24th, 1846. 

Then personally appeared the wilhin-named Abraham Borden, and 
made solemn oath to the truth of the within statement by him sub- 
scribed. Before me, 

WM. P. SHEFFIED, Justice of the Peace. 



58 

AFFIDAVIT OF JOHN DURFEE. 

I, John Durfee, of Tiverton, upon my oath depose and say, that I 
am now forty-nine years of age, and that I have always lived (except- 
ing during about one and one half years,) in the vicinity of Fall 
River, and I have always been well acquainted with the line between 
Tiverton and Fall River, and that I have always understood that the 
buttonwood tree at the north-west corner of Benjamin Manchester's 
house, was in the line. I have heard my father say that the tree was 
in the line, that he recollected when the tree was planted; that it 
was planted by one Blake Perry ; and that he recollected the line was 
where the tree was planted beibrc it was planted, and that the line 
had been considered to be at that place ever since he (my father,) 
could recollect. My father, if he were living, would at tliis lime have 
been about eighty-nine years old. JOHN DURFEE. 

Neivport^ sc. Tiverton, Sept. 24th, 1846. 

Then personally appeared the above named John Durfee, and 
made solemn oath to the truth of the above statement by him sub- 
scribed. Before me, 

WM. P. SHEFFIELD, Justice of the Peace. 



AFFIDAVIT OF ABRAHAai WORDELL. 

I, Abraham Wordell, of Tiverton, do testify and say that I am now 
in the sixty-seventh year of my age, that I am the son of Gersham 
Wordell, and that it was always understood that the line between 
Tiverton and Westport run through my father's house near the road 
running from Fall River to New Bedford, and that I have always 
understood that Cornelius Seabury's house was located on said line. 

ABRAHAM WORDELL. 

Netvport, sc. Tiverton, Sept. 24th, 1846. 

Then personally appeared the above-named Abraham Wordell, and 
made solemn oath to the truth of the above statement by him sub- 
scribed. Before me, 

WM. P. SHEFFIELD, Justice of the Peace. 

















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